141/1961 Coll.
LAW
of 29 April 2004. November 1961
the criminal procedure by the
(code of criminal procedure)
Change: 57/1965 Coll. 59/1965 Coll.
Change: 174/1968 Coll.
Change: 58/1969 Coll.
Change: 149/1969 Coll. 156/1969 Coll.
Change: 48/1973 Sb.
Modified: 29/1978 Sb.
Change: 43/1980 Coll.
Change: 159/1989 Coll.
Change: 50/1990 Coll.
Change: 53/1990 Coll.
Change: 81/1990 Coll.
Change: 101/1990 Coll.
Change: 178/1990 Coll.
Change: 303/1990 Coll.
Change: 558/1991.
Modified: 25/1993.
Change: 115/1993.
Change: 283/1993 Coll., 292/1993 Coll.
Change: 154/1994 Coll.
Change: 214/1994 Coll.
Changed: 8/1995.
Change: 152/1995 Coll.
Change: 150/1997.
Change: 209/1997.
Change: 148/1998 Coll.
Change: 166/1998 Coll.
Change: 191/1999 Coll.
Modified: 29/2000 Sb.
Change: 227/2000 Coll.
Modified: 30/2000 Sb.
Change: 77/2001 Sb.
Change: 144/2001 Sb.
Change: 265/2001 Coll., 424/2001 Sb.
Change: 200/2002 Coll. (part)
Change: 226/2002 Sb.
Change: 320/2002 Coll.
Change: 218/2003 Coll. 279/2003 Coll.
Change: 200/2002 Coll., 237/2004 Coll., 257/2004 Coll.
Change: 283/2004 Coll.
Change: 539/2004 Coll.
Change: 539/2004 Coll. (part), 587/2004 Sb.
Change: 239/2005 Sb.
Change: 45/2005 Coll., 394/2005 Sb.
Change: 413/2005 Sb.
Change: 79/2006 Coll., 113/2006 Sb.
Change: 321/2006 Sb.
Change: 115/2006 Coll. 253/2006 Coll.
Change: 165/2006 Sb.
Change: 112/2006 Sb.
Change: 179/2007 Sb.
Change: 170/2007 Sb.
Change: 345/2007 Sb.
Change: 135/2008 Sb.
Change: 121/2008 Coll., 177/2008 Sb.
Change: 384/2008 Sb.
Change: 90/2008 Coll., 129/2008 Coll., 274/2008 Coll., 457/2008 Coll., 480/2008
SB.
Change: 52/2009 Sb.
Change: 301/2008 Coll., 7/2009 Sb.
Change: 218/2009 Sb.
Change: 41/2009 Coll., 272/2009 Coll., 306/2009 Sb.
Change: 163/2010 Sb.
Change: 219/2010 Sb.
Change: 197/2010 Sb.
Change: 150/2011 Sb.
Change: 181/2007 Sb.
Change: 207/2007 Sb.
Change: 330/2011 Sb.
Change: 341/2011 Coll. 348/2007 Coll., 22/2011 Sb.
Change: 357/2010 Sb.
Change: 193/2009 Sb.
Change: 273/2009 Coll., 43/2009 Sb.
Change: 390/2009 Sb.
Change: 105/2013 Coll. (part)
Change: 45/Sb.
Change: 105/2013 Coll. (part)
Change: 105/Sb.
Change: 141/2014 Sb.
Change: 77/2015 Sb.
Change: 86/2015 Sb.
The National Assembly of the Czechoslovak Socialist Republic has resolved
to this Act:
PART THE FIRST
Common provisions
HEAD FIRST
General provisions
§ 1
The purpose of the law
(1) the purpose of the code of criminal procedure is to modify the law in criminal procedure
control so that the offences were detected and their perpetrators
According to the law punished. In doing so, management must be subjected to the
consolidation of the rule of law, to prevent and deter crime, to
education of citizens in the spirit of rigorous observance of laws and rules
the civil coexistence and fair fulfilment of obligations to the State and society.
(2) Helping to achieve the purpose of criminal proceedings is the law and according to the
the provisions of this law and the obligations of citizens.
§ 2
The basic principles of criminal proceedings
(1) no one can be prosecuted otherwise than for legal reasons and the way
that provided by law.
(2) until a conviction of the Court is not pronounced,
not the one against which the results of criminal proceedings, looking as if he were
guilty.
(3) the Prosecutor is obliged to prosecute all criminal offences, which are
learns, unless the law or an international treaty, the famous Czech
Republic provides otherwise.
(4) if the law does not provide for something else, they follow the authorities responsible
in criminal proceedings ex officio. The criminal case must discuss
rapidly without undue delay; with the largest being discussed by accelerating the
in particular, the remand of the case and the matter in which the secured property, if it is
required due to the value and nature of the seized property. The criminal case
discuss with a full investigation, the rights and freedoms guaranteed by the Charter
fundamental rights and freedoms and the international treaties on human rights and
fundamental freedoms, which the Czech Republic is bound; in the implementation of
acts of criminal proceedings can be added to the rights of persons affected by such operations
touching, to intervene only in duly substantiated cases, on the basis of the law and in the
to the extent necessary to ensure the purpose of the criminal proceedings. The content of petitions
intervening in the fulfilment of these obligations of the authorities responsible for criminal proceedings
take no account.
(5) the authorities active in criminal proceedings shall act in conformity with their rights and
the obligations set out in this Act and with the concurrence of the parties to
facts of the case have been detected, of which there are reasonable grounds for doubt, and it
to the extent that is necessary for their decisions. The confession of the accused
does not relieve the authorities active in criminal proceedings, the obligation to examine all
the essential facts of the case. In the preliminary proceedings, the authorities responsible for
criminal proceedings, clarify the way described in this Act without an application
Parties as carefully the circumstances indicating to the benefit and to the detriment of
the person against whom the proceedings leads. In the proceedings before the Court, the Prosecutor and the
the accused may support their positions to design and implement evidence.
The Prosecutor is obliged to prove the guilt of the accused. It does not relieve the
the Court of the obligation to supplement the evidence to the extent necessary for their
decision.
(6) the authorities responsible for criminal proceedings assesses the evidence according to its internal
the belief is based on careful consideration of all the circumstances of the case
individually and in the aggregate.
(7) all law enforcement authorities cooperate with interest
associations of citizens and use their educational influence.
(8) the criminal prosecution before the courts is possible only on the basis of the indictment, the proposal
the punishment or a letter of approval to the agreement on the Declaration of guilt and
acceptance of punishment (hereinafter referred to as "the agreement on guilt and punishment"), which are submitted by State
representative. Civil action in the proceedings before the Court shall represent the State
representative.
(9) in criminal proceedings before the Court shall be decided by the Chamber or a judge;
President of the Chamber or a judge decide for yourself only, where the law
expressly provides. Decide if the Court in preliminary proceedings in the first
degree, the decision shall be the judge.
(10) the criminal case is before the Court are heard by the public, so that the
citizens can participate in the discussion and negotiations to follow. When the main
version and a public hearing, the public may be excluded only in cases
specifically provided for in this Act or special.
(11) the hearing before the courts is oral; proof of the statements of witnesses, experts and
the accused shall be carried out as a rule so that these people will hear.
(12) when making a decision in the main proceedings, as well as in the public, binding and
a private session, the Court may take into account only those that have been
made in such negotiations.
(13) a person against whom criminal proceedings must be in each period
the proceedings in an appropriate manner and clearly instructed on the rights allowing him
the full application of the defence and that also may choose defence counsel; all
law enforcement authorities are obliged to allow him to exercise his
rights.
(14) the authorities responsible for criminal proceedings and regular control their
the decision in the Czech language. Anyone who declares that he does not control the Czech
the language is entitled to use before the law enforcement authorities of their
mother tongue or the language issue stating that it controls.
(15) the authorities responsible for criminal proceedings are required to be in each phase of the procedure
allow the full application of the rights of the injured party, which needs to be
According to the law in an appropriate manner and clearly instructed to achieve
the satisfaction of their claims; management must lead with the necessary respect for
the injured and the investigation of his personality.
Cooperation with citizens ' associations of interest
§ 3
(1) a trade union or employers ' organizations and other
civil unions, with the exception of political parties and political movements,
churches, religious communities and legal persons followers in the subject
its activities, charitable purposes (hereinafter referred to as "interest citizens Association")
can act to prevent a crime prevention way
referred to in this Act.
(2) citizens ' interest groups can interact in the upbringing of persons
which the Court ruled on the conditional waiver from the punishment with supervision, or
the prosecution was stopped conditionally, for conditionally
conditionally sentenced convicts to prison with supervision and
conditionally released; They also help create conditions so that the person's
He lived the ordinary life sentence.
§ 4
cancelled
§ 5
cancelled
§ 6
(1) an Association of citizens can offer a guarantee
and) for the behaviour of the accused, the prosecution has been conditionally
stopped,
(b) the rehabilitation of the convicted person), which has been conditionally waived
the punishment, which was supervised imprisonment, whose
the exercise has been postponed for a trial period, conditionally to the punishment of the convicted person
deprivation of liberty under supervision, or
(c) completion of the axle of the convicted person), which carries a prison sentence of
liberty, the penalty of disqualification or prohibition of residence; in these
cases, the interest Association of citizens at the same time propose a conditional
the release of a prisoner from imprisonment or conditional waiver
from the rest of the performance penalty of disqualification or prohibition of residence. To obtain the
documents for such a request may, with the consent of the convicted person to inform the
about his behavior and the current sentence.
(2) an Association of citizens may also suggest that the binding of the accused
has been replaced by the guarantee (section 73), and the request of the convicted person
a pardon and expungement of the conviction.
(3) an Association of citizens, which has taken over a guarantee is required to operate
the accused or convicted person to live a proper life, and
adopt the necessary measures; an Association of citizens also take care that
the damage or non-material damage caused by the criminal offence,
or to unjust enrichment, which it has obtained a criminal offence.
Cooperation of State authorities, individuals and legal entities
§ 7
Law enforcement authorities are obliged to assist each other
the performance of the duties arising from this Act.
§ 8
(1) the State authorities, legal and natural persons are obliged without
undue delay, and unless otherwise provided by special provision otherwise, even without payment
comply with the law addressed letters rogatory in criminal proceedings in the performance of their
tasks. State authorities are obliged to notify without delay to the State further
agents or police authorities really suggesting that he was
committed a crime.
(2) if in criminal proceedings is required for proper clarification
circumstances indicating that a crime has been committed, or in the
proceedings before the Court to assess the circumstances of the accused or for the performance of
the decision, prosecutors can, and after the indictment or a letter
punishment of the President of the Chamber may require data that are the subject of
Bank secrecy, and the data from the register of securities. In proceedings of the
the offence under section 180 of the criminal code, the authority may in
criminal proceedings require individual data obtained under the Special
Act for statistical purposes. The conditions under which the authority
criminal proceedings require the data obtained in the administration of taxes, provides
a special law. The data obtained pursuant to this provision cannot be used for
purpose other than for criminal proceedings, in which it was requested.
(3) the reasons referred to in paragraph 2 may, President of the Chamber, and in the preparatory
control to the design of the public prosecutor, the judge may order the monitoring of banking
account or an account with the person entitled to registration of investment instruments according to the
a special law, for a maximum period of six months. If the purpose for
that has been tracking account ordered after this time, can this tracking
extended on the basis of the command of the judge of a higher court, and in
on the proposal of the preliminary proceedings, the Prosecutor, the judge of the regional court of
a further six months, and it repeatedly. The data obtained pursuant to this
the provisions cannot be used for any purpose other than for criminal proceedings, in which the
the framework had been completed.
(4) compliance with the obligations referred to in paragraph 1 may be refused with reference to the
the obligation to maintain the secrecy of classified information is protected in a special
the Act or State of a saved or recognized obligation of confidentiality; It
does not apply,
a) if the person who has these responsibilities, would otherwise be issued
the risk of criminal prosecution for failure to notify, or nepřekažení of the criminal
the Act, or
(b)) when dealing with the law enforcement agency's request, in criminal proceedings concerning an
where the requested person is at the same time by the developer of the offence.
The State recognized the obligation to confidentiality under this Act
does not consider such an obligation, the extent of which is not defined by the law, but
It follows from the legal act issued on the basis of the law.
(5) unless otherwise provided by special law the conditions under which, for the purposes
criminal proceedings to disclose information which are under such law,
classified, or which are covered by the obligation of professional secrecy, these
information for criminal proceedings require the prior approval of a judge.
This is without prejudice to the lawyer's obligation of confidentiality under the law on
advocacy.
(6) the provisions of paragraphs 1 and 5 shall not affect the obligation of
secrecy imposed on the basis of the declared international agreement which is
Czech Republic is bound.
Providing information about criminal proceedings and persons participating on it
§ 8a
the title launched
(1) in providing information on its activities to the public authorities in the
criminal proceedings shall ensure that, without compromising the clarification of the facts
important for the criminal proceedings, the persons involved in the haven't published
enforcement data that are not directly related to the crime, and
that do not breach policy that until a conviction is not
pronounced, not to the one against which the results of criminal proceedings,
looks like he's guilty (section 2 (2)). In preliminary proceedings, shall not
to disclose information to identify the person against whom the
the results of criminal proceedings, the victim, the person concerned, and a witness.
(2) when providing information under paragraph 1, the authorities responsible for criminal
control separately to ensure that the protection of personal data and the privacy of individuals under the age
18 years of age.
(3) the authorities responsible for criminal proceedings, inform the public about its activities,
the provision of the information referred to in paragraph 1 the public media
resources; the provision of information shall refuse, on grounds of protecting the interests
referred to in paragraphs 1 and 2. Reserves its decision in preliminary proceedings the State's
the representative the right to provide information about a specific criminal case, may be
the police authority to provide only with his prior consent.
§ 8b
(1) persons to whom law enforcement authorities provided
information, which is covered by the prohibition of publication in accordance with § 8a of the paragraph. 1
the second sentence, for the purposes of criminal proceedings or to the exercise of rights or performance of
obligations stipulated by special legislation, is not anyone
Furthermore, if the disclosure is not necessary for the stated purposes.
About these persons must be advised.
(2) No person shall, in connection with a crime committed on a corrupted
any way to publish information permitting the identification of the
the victim, who is a person under the age of 18 years or to which it was committed
the crime of murder (section 140 of the Penal Code), manslaughter (§ 141 of the criminal
Code), any of the offences, which was caused by severe injury
on health, the offense of sexual disease threats (section 155 of the criminal
Code), any of the offences against pregnancy women (§ 159 to
162 of the Criminal Code), the crime of trafficking in human beings (section 168
of the Criminal Code), any of the offences against human dignity
in the sexual area (§ 185-193 of the Criminal Code), crime
leaving a child or entrusted to a person (section 195 of the Criminal Code), abuse
conferred on persons (section 198 of the Criminal Code), the mistreatment of persons living in
the common dwelling (§ 199 of the Criminal Code), child abduction and the person
in mental disorder (section 200 of the Criminal Code) or dangerous
persecution (section 354 of the Criminal Code).
(3) the publication of the video images, video and audio records, or
other information about the progress of the trial or public meeting,
that would enable the identification of the injured party referred to in paragraph
2 is prohibited.
(4) the final judgment shall be published in the public media
the resource with the name, or names, surname and place of residence
the injured party referred to in paragraph 2. President of the Chamber may, taking into account
to the person of the victim and the nature and character of the committed offence
may impose further limitations associated with the publication of a final
a conviction for the purpose of adequate protection of the interests of such
the injured party.
§ 8 c
No person shall without the consent of the person to whom such information pertains,
disclose information about the regulation or the implementation of interception and recording
telecommunications under section 88 or the information obtained from it,
data on telecommunications traffic detected on the basis of a statement under section
88a, or information obtained through monitoring of persons and objects under section 158d paragraph. 2
and 3 if they allow the identification of this person and have not been used
as evidence in proceedings before the Court.
§ 8 d
(1) information, which is covered by the prohibition of publication referred to in section 8a-8 c,
You can publish to the extent necessary for the purpose of a search for persons, for
achievement of the purpose of criminal proceedings, or if this is the law.
The information can also be disclosed, if justified by the public interest,
If outweighs the right to privacy of the person concerned; in so doing,
must take care to protect the interests of persons under the age of 18 years.
(2) information, which is covered by the prohibition of publication referred to in section 8a-8 c,
You can also publish it, if the person to whom the prohibition of publication refers to, has awarded
to the disclosure of information to express consent. She died when or if this
a person declared dead, consent to the disclosure of the information is
authorized to grant her husband, partner or her children, and if not,
her parents; in the case of a person under 18 years of age or persons deprived of
the eligibility of legal capacity or with limited legal competence
capacity of its legal representative. Consent to the disclosure of the information cannot
give the person who is the author of the offence committed against a person
that died or was declared dead.
(3) information, which is covered by the prohibition of publication referred to in section 8a-8 c,
You can also publish it, if the person to whom the prohibition of publication refers to died
or has been declared dead, and if there is no person authorized to grant
consent to the disclosure referred to in paragraph 2.
§ 9
The examination of the questions referred
(1) law enforcement Authorities assess the preliminary questions
in proceedings occur separately; If there is a question, however,
final decision of a court or other public authority are authorities
law enforcement in such a decision, unless they are bound
assessment of the guilt of the accused.
(2) law enforcement Authorities are not entitled to deal separately
questions concerning status, decided in
proceedings in matters of civil law. If the decision about such a question
has not yet been released, obtained his release.
§ 9a
The questions within the competence of the Court of Justice
(1) the provisions of section 9 shall not apply to questions of which is decided by the
exclusively the Court of Justice established by the regulations of the European Communities (hereinafter referred to as
"The Court").
(2) in the event that the Court in proceedings under this Act, an application for
decision of the Court of Justice for a preliminary ruling, shall issue a decision on the
the stay of proceedings.
(3) on application, the Court of Justice for a preliminary ruling
the Court is governed by rules governing proceedings before the Court
the Court of Justice.
(4) the decision of the Court of Justice for a preliminary ruling is binding on all
authorities active in criminal proceedings.
§ 10
Immunity from jurisdiction bodies active in criminal proceedings
(1) the authority of the bodies active in criminal proceedings under this Act
excluded are persons enjoying privileges and immunities in accordance with the law, or
of international law.
(2) If a question arises as to whether or to what extent someone is excluded from
the powers of the bodies active in criminal proceedings under this Act,
decide on a proposal from the person concerned, by the public prosecutor or the Court of
the Supreme Court.
§ 11
Inadmissibility of criminal prosecution
(1) criminal prosecution cannot be initiated, and if it was already opened, it cannot be
continue and must be stopped
and if it is) President of the Republic, the user their right to grant mercy
or amnesty,
(b)) if the prosecution barred,
c) in the case of a person who is excluded from the jurisdiction of law
criminal proceedings (section 10), or of the person for which the prosecution is based on the law
require the consent, where such consent was not given by the competent authority,
d) in the case of a person who, for lack of the age is not criminally liable,
(e)) against a person who has died or has been declared dead,
f) against it, against whom an earlier prosecution for the same Act has ended
by a final judgement of a court or by a court decision or other
the authorized authority definitively stopped, if the decision was not in the
the prescribed proceedings,
g) against it, against whom an earlier prosecution for the same Act has ended
a final decision on the approval of a settlement, where a decision
It was not in the prescribed proceedings,
h) against it, against whom an earlier prosecution for the same Act has ended
a final decision on the referral with suspicion that the deed is
offence, tort or other administrative disciplinary offense, if
the decision was not cancelled in the prescribed proceedings,
I) when the criminal prosecution subject to the agreement of the injured party and the consent of the
was not given or was taken back,
j) if so provided by the renowned international treaty binding on the Czech
Republic, or
k) against it, in respect of which it was the criminal proceedings for the same deed passed
to a foreign State, if he was resident for this deed Court
a final penalty or protective measures, performed or already
He has done, or not done according to the law of that State, or
foreign court been abandoned since the imposition of the sentence, or
a final decision on the charges.
(2) the prosecution cannot be initiated and, if already started, it cannot be
continue and it must be stopped as well, if the Court or other
judicial authority of the Member State of the European Union or the State of the associated
international agreement for the implementation of the Schengen rules for the same deed
issued a decision establishing the
and the person was lawfully stored) punishment or protective measures, which
carries out or has carried out, or is not, under the law of that State
to execute, or to whom it was finally dropped from the imposition of sentence, or
(b) the person has been lawfully exempted from) the indictment or having effects
final stop of criminal prosecution, unless
1. does not create in the State in which it was issued, a barrier to matter has been finally
decided,
2. it was released solely for the reason that another State has opened criminal
proceedings against the same person for the same Act,
3. was released solely on the ground that an act is not a criminal offense, or that
does not fall within the competence of the authorities of the State which issued such a decision or
4. was released exclusively for one of the reasons the respective reasons
referred to in paragraph 1 (b). and), c) to (e)), i) or (j)).
(3) If a reason referred to in paragraph 1 or 2, the only one of the
partial attacks continuing offence, this does not prevent, in order to respect
the remaining part of such a crime the prosecution took place.
(4) in the prosecution which was stopped because of referred to in
paragraph 1 (b). a), b), or both), however, continues, declares the
the accused within three days from the time when he was a resolution on the cessation of the criminal
the prosecution announced that the consideration of the case. It should be about that of the accused
enlighten.
(5) the provisions of paragraphs 2 and 3 shall be used and on the decision of the
the International Criminal Court, the International Criminal Tribunal,
Realty international judicial body with jurisdiction in
criminal matters, which meet at least one of the conditions specified in §
paragraph 145. 1 (b). and) of the international judicial cooperation in matters
criminal, unless the decision made because of lack of its
the scope of or because of the lack of seriousness of the crime or
the hazard of the offender.
§ 11a
Criminal proceedings against the same person for the same Act and cannot be started if
the State Prosecutor in abbreviated preparatory proceedings
and decided to approve an out-of-court settlement) and the thing, or
(b)), decided to postpone the submission of the proposal on conditional on the punishment and
the suspect worked, or it is considered, that has proved successful.
§ 12
The interpretation of some terms
(1) law enforcement authorities in criminal proceedings means Court, State representative
and police authority.
(2) the police authorities shall mean
and the services of the police of the Czech Republic),
(b)), General Inspectorate of security forces in proceedings relating to criminal offences
members of the police of the Czech Republic, members of the prison service of the Czech
Republic, customs officers or employees of the United States included to the
work in the police of the Czech Republic, or on criminal offences
employees of the United States included to work in the prison
the service of the United States or in the customs administration of the Czech Republic, committed
in connection with the performance of their job duties,
(c)) the competent authority of the prison service of the Czech Republic in criminal proceedings
the deeds of people in custody, imprisonment and security
detention, committed in the remand prison, penitentiary or institution for the exercise of
security detention,
(d)), in charge of the Customs authorities in proceedings relating to crimes committed by
the violation of the customs rules and regulations on the import, export or transit
the goods, even in cases where it is a crime of the members
the armed forces or security forces, and a violation of legal
If the location and acquisition of goods in the Member States of the European
the community, where such goods are transported across the State borders of the Czech
Republic, and in cases of violation of the provisions of the tax, if the customs
by the tax authorities under special legislation,
(e) the competent authorities of the military police) in proceedings for offences
members of the armed forces and persons who commit crime
against members of the armed forces in military buildings, against
military, military objects, material or other property of the State,
with which it is competent to manage the Department of Defense,
f) the competent authorities of the security intelligence service in criminal proceedings
the deeds of the members of the security information service,
g) the competent authorities of the Office for foreign relations and information in
offences of members of the Office for foreign relations and information,
(h)), in charge of military intelligence authorities in proceedings for offences
members of the military intelligence,
I) competent authority of General Inspectorate of security forces in control of the
offences of members of the General Inspectorate of security forces
or about offences of employees of the Czech Republic, included the
work in the General inspection of security forces.
This does not affect the State Prosecutor pursuant to § 157 paragraph. 2 (a).
(b)). unless otherwise stipulated, are entitled to all those authorities
acts of criminal procedure belonging to the scope of police authority.
(3) Where this Act speaks of the Court, this means according to the nature of the case
the District Court, County Court, the High Court or the Supreme Court of the United
Republic of China (hereinafter referred to as the "Supreme Court").
(4) Where this Act speaks of the District Court shall mean (i) District
the Court or another court of the same jurisdiction; where this law speaks
about the regional court, this means even the municipal court in Prague.
(5) Where this Act speaks of the district State representative, shall mean (i)
the District Attorney, or another State Prosecutor with the same
scope; where this law speaks of regional government representatives, means
the city prosecutor in Prague.
(6) a party shall mean the one against which the results of criminal proceedings,
the person concerned and the damaged and in the proceedings before the Court, whether or not the public prosecutor
and social representatives; the same position as the party has any other person,
on the proposal or request the management of leads, or who filed an appeal
resource.
(7) If the nature of the case requires otherwise, means the accused also
the accused and convicted.
(8) following the regulation of the trial the accused referred to as the defendant.
(9) the prisoner is one against which the conviction has been issued, which
already acquired legal force.
(10) the criminal proceedings means proceedings under this Act and the Act on
international judicial cooperation in criminal matters, criminal prosecution
then stretch control since the initiation of the criminal proceedings until the final
a judgment or other decision authority participating in criminal proceedings
on the merits and the preparatory proceedings section of the proceedings under this Act from the
writing a record of the initiation of the criminal proceedings or execution of acts
urgent and unrepeatable acts, which he immediately
precede, and where these operations have not been carried out, from the commencement of
the prosecution of the indictment, the application for approval of the agreement on the guilt and punishment,
referral to another authority, cease prosecution, or to the
decision or the emergence of other matters that have the effects of stopping
criminal prosecution before the indictment, or to another decision
the ending of the preparatory proceedings, including investigation and screening
facts indicating that a crime has been committed, and
the investigation.
(11) if the accused Continues in the acts for which he is prosecuted, even after the communication
the charge shall be assessed such action from this act as a new deed.
(12) an act under this Act, means also a partial attack continued
of the offence, unless expressly provided otherwise.
THE HEAD OF THE SECOND
The Court and the persons participating in the proceedings
THE FIRST SECTION
The authority and jurisdiction of the courts
section 13 of the
The performance of the criminal justice system
Justice in criminal matters is exercised by district courts, regional courts,
the high courts and the Supreme Court.
the title launched
§ 14
cancelled
§ 15
cancelled
Substantive jurisdiction
section 16 of the
Proceedings at first instance held, if this law does not provide for something
another district court.
§ 17
(1) a County Court is held in the first instance proceedings on criminal offences, if the
the law stipulates a prison sentence, the lower limit shall be
at least five years, or if you can save them an exceptional punishment. About
criminal offences
and manslaughter, murder) newborn baby mother, wrongful removal
tissues and organs, illegal disposal of tissues and organs, the subscription
tissue, organ and perform the transplants for consideration, the illicit
the management of the human embryo and human genome, human trafficking,
b) committed through investment vehicles, that are received
to trading on a regulated market or whose admission to trading
on a regulated market has been requested or their counterfeits and imitations
If their legal character is causing considerable damage or obtain
considerable benefit,
c) infringements of competition rules, handling
rate of investment instruments, the misuse of information and positions in the
the course of trade, damage to the financial interests of the European communities,
violations of the regulations on the control of exports of dual-use goods and technologies,
breach of duties on exports of dual-use goods and technologies,
misrepresentation and failure to keep supporting documents in respect of the export of goods and technology
dual-use items, the implementation of foreign trade with military material
without a permit or a licence, breach of obligations in connection with the release of
permits and licences for foreign trade in military material,
misrepresentation and failure to keep documents concerning foreign trade in
military material, the development, production and possession of prohibited combat
resources and
d) sabotage, abuse of Government representation and international organisations,
spying, the threat to classified information, collaboration with the enemy,
relations threatening peace, use of a forbidden martial resource and
illegal warfare, looting in the area of operations,
takes place in the first instance regional court even if the lower limit of the
imprisonment is lower.
(2) a County Court is held in the first instance whether or not a crime
drunkenness in the case that the act otherwise committed a crime, the offender in
the State, which, testee's culpably induced characters
the merits of any of the offences for which it is established
the jurisdiction of the District Court referred to in paragraph 1.
(3) the District Court takes place in the first instance whether or not a partial attacks
continuation of the offence, if the procedure provided for in § 45 of the criminal
code comes in this management decision on the guilt of any of the
the offences referred to in paragraph 1 or 2.
The local jurisdiction
section 18
(1) proceedings, the Court in whose district the crime was committed.
(2) if the crime scene to determine or if the Act was committed abroad which takes place
the management of the Court in whose district the accused resides, works or resides;
If you can't find these places or are outside the territory of the United
States, held court in whose district the action transpired.
§ 19
cancelled
Common control
section 20
(1) against all defendants whose crimes are related, of all
the attacks of the continuation or the bulk of the crime and of all parts of the
continuing offence takes place in common control, unless
important reasons. About other crimes, held joint management
then, if such a procedure is suitable in terms of speed and efficiency
control.
(2) the joint management of the crime issue should take place the control
a single judge, and about crime, about which it is for the Management Board, to take place
held the Senate.
section 21
(1) the joint management held a regional court is competent to take place of the proceedings
at least one of the crimes.
(2) joint management held a court that is competent to hold proceedings against
the offender or the most difficult crime.
section 22
The jurisdiction of several courts
Where, under the foregoing provisions of jurisdiction of several courts,
proceedings of these courts because, for which the Prosecutor handed the indictment,
proposal for punishment, a proposal for approval of the agreement on the guilt and punishment or
whom the case was ordered to superior court.
Article 23 of the
Exclusion and connection stuff
(1) to speed up the proceedings or for other important reasons, the procedure for
one of the criminal offences or against any of the defendants to exclude from the
joint management.
(2) the jurisdiction of the Court to exclude does not change; If, however, excludes the
the regional court, which would otherwise take place on the management of the district
the Court may assign it to that Court.
(3) if the conditions for the common control, the Court may combine to
a common discussion and decision of the case, in which they were given separate
the indictment.
section 24
A decision on the jurisdiction of the Court
(1) where the doubts as to the jurisdiction of the Court, decides
which court is competent to hear the case, the Court, which is closest to the
jointly responsible to the Court in which the prosecution has been made, the proposal on the
the punishment, a proposal for approval of the agreement on the guilt and punishment to which the case was
referred to under section 39 Judiciary Act in matters of youth or
Superior Court, was ordered and the Court should be competent according to
the decision on the presentation of the case for decision on jurisdiction [section 188 (1)
(a). and), § 222 para. 1, § 257 paragraph. 1 (b). § 314p), para. 3 (b).
and)]. It is bound only by lawful aspects relevant for the determination of
jurisdiction (§ 16 to 22). If the Court to which the case was presented to the
the decision of the superior court, under the Act, it shall refer the case to the competent
the decision on the jurisdiction of the Court, which is jointly responsible to the Court
the referring court and the matter under the Act to the competent.
(2) the Court shall decide on the jurisdiction of the Court, may at the same time
decide to withdraw, and referral reason referred to in section 25.
the title launched
§ 25
Withdrawal and referral
Important reasons may be withdrawn, and the Court ordered
Another Court of the same kind and degree; the withdrawal and the commandments by the Court,
that is both closest to superior courts together.
section 26
Jurisdiction of the Court to act in the preparatory proceedings
(1) for the implementation of operations in the preliminary proceedings, the competent District Court, in
the place is active, the State Prosecutor, who submitted the proposal.
(2) the Court in which the Prosecutor has filed a proposal under paragraph 1, shall
becomes competent to carry out all the acts of the Court throughout the preparatory
proceedings, if there is no transfer of the case because of the nationality of another
the Prosecutor working outside the perimeter of the Court.
SECTION TWO
Auxiliary persons
section 27 of the
The writer
To draw up the Protocol on the acts of law enforcement with the
as a rule, the writer gains weight experts promise. If the writer
the action, report the person performing the Act. If, in proceedings before the
the Court of the progress of the Act created an audio recording, and as a result of this
President of the Chamber were not dictated by the Protocol, is the Secretary, if it is
need a higher court official or an official of the logging.
§ 27a
The higher the clerk
A simple decision, with the exception of the decision on guilt and punishment, usually
be issued and executed, and the administrative tasks connected with the proceedings conducted
the higher the clerk; a special law shall determine its terms of reference to determine
which tasks can later the clerk separately, and when
proceed on behalf of the judge.
section 27b
Probation officer
(1) an official of the probation and mediation service (hereinafter referred to as "probation officer")
shall exercise supervision over the criminal proceedings the accused of both in
positive leadership and help the accused and in control of its behavior
and in cases where supervision has not been saved, it performs actions towards making
to the accused led an orderly life, if it was decided to
and for the release of the accused from) the binding while voicing supervision,
(b)) on conditional cessation of criminal prosecution,
(c)) on the conditional waiver from the punishment with the supervision,
(d)) on conditional sentencing, including conditional sentencing with supervision,
e) on conditional release from imprisonment, including
conditional release from imprisonment under the current
give the supervision, or
(f) imposition of sentence generally) about the community service or punishment prohibition of residence
While voicing reasonable restrictions and reasonable obligations.
(2) a Probation Officer may be a public prosecutor, and in the proceedings before the Court
Chairman of the Board in charge of the survey information about the person of the accused and the
its social situation and creating the conditions for a decision on the
approval of the settlement and on conditional cessation of criminal prosecution. For
the conditions laid down by a special law can perform individual acts and
without such instruction. In the proceedings before the Court may exercise the individual
enforcement actions, in particular in cases where the penalty
If the imprisonment, or where the convicted person has been out of prison
imprisonment conditionally released or in the performance of each of the species
the protective measures.
(3) Further the conditions under which the probation officer carrying out his
the scope of the special law.
section 27 c
Assistant judge of the Supreme Court
Assistant judge of the Supreme Court shall be individual acts of criminal proceedings
on behalf of the judges of the Supreme Court.
The interpreter
section 28
(1) if it is necessary to convey the content of the document, notice or other
the procedural act or the use of the accused person the right referred to in § 2 paragraph 1. 14,
picked up the slack with an interpreter; the same applies in the case of the provision of an interpreter
the person with whom you cannot communicate differently than some of the communication
systems of the deaf and Deafblind people. The interpreter may also be the
communicates with. If the accused fails to indicate the language that controls, or if the
language or dialect, which is not the language of its nationality or official
the language of the State of which he is a citizen, and for such a language or dialect is not
No person in the list of registered interpreters, designates an authority
criminal proceedings, an interpreter for the language of his nationality or official language
the State of which he is a citizen. If it is a person without citizenship, means
the State in which the permanent residence, or the State of origin. The use of the
the accused right provided for in § 2 (2). 14, přibraný the interpreter interprets the
his request, and his meeting with counsel in the course of the procedural acts.
(2) under the conditions referred to in paragraph 1 shall be in writing to the person accused
translate resolution on the initiation of prosecution, the binding resolution,
a resolution on regulation of observation of the accused in medical institution
Impeachment, agreement on guilt and sentence, and the proposal for its approval, a proposal to
punishment, judgment, order, the decision on the appeal and the
conditional cessation of criminal prosecution; This does not apply if the accused
After lessons declares that the translation of such a decision
not be required. If such a decision is more of the accused, the
only that part of the decision of the accused, that is, if it can be
separated from other statements of decisions and their rationale. The acquisition of
translation of the decision and its authority ensures the delivery of criminal
control, about whose decision it is.
(3) if the judgment referred to in paragraph 2 is associated
the beginning of the period and you must make a written translation of such
the decision, the decision shall be deemed to have been delivered up to the delivery of a written
translation.
(4) under the conditions referred to in paragraph 1 shall be in writing to the person accused
translate and document not listed in paragraph 2, if it is needed for
the guarantee of a fair trial, in particular for the proper application of the law on
defence, and to the extent specified by the authority of law enforcement,
that is absolutely necessary to the understanding of the accused facts
He attributed the blame; If no reasoned proposal of the accused that
used the right provided for in § 2 (2). 14, the translation of such
the document granted authority in criminal proceedings, proceedings
to decide by resolution. Instead of a written translation in the first sentence
It can be a document or its essential contents of an interpreter; the provisions of sentence
the first does not apply if you already have this document or its
the essential content of the accused if the accused interpreted or after
lessons declares that the acquisition of the translation shall be required. Against the
decision referred to in the first sentence is permissible. Acquisition of translation and
the service provides authority in criminal proceedings, the proceedings
leads.
(5) the rights referred to in paragraphs 1 and 4 is suspected.
(6) subject to the conditions referred to in paragraph 1 shall be a person who is
detained or arrested, without undue delay in writing, resolve whether or not
lessons learned about their rights (§ 33 paragraph 6 and section 76, paragraph 5).
section 29
(1) the provision of an interpreter of this feature and on the exclusion of
from it, about the right to refuse the execution of an interpreting the Act, about the promise and
a reminder of the obligations before you perform interpreting the Act, as well as the
reimbursement of expenses and remuneration of the finished interpreting the Act applies special
regulations.
(2) the amount of compensation and rewards an interpreter shall designate the authority which the interpreter
and in the proceedings before the Court the President of the Senate, without undue delay,
not later than two months from the expense report reimbursement and remuneration of the interpreter.
If the one who gained the interpreter, with the amount of charged compensation and
the rewards of an interpreter shall be decided by a resolution. Against the order is admissible
the complaint, which shall have suspensive effect.
(3) reimbursement and remuneration of an interpreter is to be paid without undue delay
after their return, not later than 30 days.
THE THIRD SECTION
The exclusion of the bodies active in criminal proceedings
section 30
(1) from carrying out acts of criminal proceedings is excluded by the judge or
the lay judges, the Prosecutor, the police or any person in it for work
the illuminating, for which I have doubts that the ratio to the present case
or to persons covered by the act directly affects, to their defenders, legal
representatives and agents, or for the ratio to another authority, the law
criminal proceedings could not impartially decide. Acts which have been made
excluded persons, cannot be the basis for a decision in a criminal
control.
(2) a judge or lay judge is further excluded from carrying out acts of criminal
proceedings, if in the present case was active as a public prosecutor,
police authority, social representative, Attorney or as an agent
the interested person or the injured party. After the indictment or a letter
approval of the agreement on the guilt and punishment is excluded from carrying out acts
criminal proceedings, the judge in the present case in the preparatory proceedings
ordered a search warrant or other premises and land
issued a warrant for the apprehension or arrest or a decision about custody
the person to whom the indictment was then made or with which the agreement has been negotiated
of guilt and punishment.
(3) the decision in a higher court judge, are excluded
or assessor, who took part in the lower court decisions,
and vice versa. From deciding on the complaint of a superior authority is excluded
the Prosecutor, that the contested decision made or given to him
consent or instruction.
(4) the procedure for the review of the order to wiretap and record
telecommunications is excluded by the judge who participated in the
making a decision in a previous case. The judge who participated in the decision-making
in the procedure for the review of the order to the interception and recording of telecommunications
traffic is excluded from the decision-making process.
section 31
(1) the exclusion of the grounds listed in § 30 shall decide which authority
these reasons relate, even without the proposal. On the exclusion of a judge or
If the assessor's decisions in the Senate, will decide this Senate.
(2) against the decision referred to in paragraph 1 shall be admissible complaint.
(3) the authority shall decide on the complaint immediately to the parent body, which
the contested decision issued.
§ 31a
The reasons for which it is carrying out acts of criminal procedure excluded higher
judicial officer or probation officer, and the procedure for deciding on
exclusion provides a special law.
SECTION FOUR
The accused
§ 32
The accused
The person who is suspected of having committed an offence can be considered
the accused and the use of resources against him, this Act only
then, if the prosecution against him (art. 160).
§ 33
Rights of the accused
(1) the accused has the right to express his views on all the facts which he
blame, and to evidence about them, but it is not obliged to testify. Can
indicate the circumstances and evidence for his defence, make suggestions and
make requests and appeals. Has the right to choose defence counsel and with the
It will advise during the operations carried out in criminal law
control. With an advocate, however, in the course of their interrogation cannot advise on how
How to answer the question already. May request that was interviewed for
the participation of their defence counsel and that defence counsel participated in other operations
preliminary proceedings (para. 165). If it is in custody or serving a prison sentence
freedom, can speak with defence counsel without the presence of a third party. Referred to
the rights belong to the accused person, even if if it is deprived of the capacity to
legal capacity or if his competence to perform legal acts is limited.
(2) if the accused Proved, that does not have sufficient funds to pay the
the cost of the defence, the President of the Chamber shall decide, and in preparatory proceedings
the judge, that he is entitled to defence of a free or for a reduced fee.
It is clear from the evidence gathered, that the accused does not have sufficient
funds to cover the costs of defence, may, if necessary to protect the
the rights of the accused, the President of the Senate and decide in the preparatory proceedings on
the proposal of the public prosecutor, the judge about the claim of defence free of charge or for a
reduced fee motion of the accused. In the cases referred to in the sentence
the first and second cost of Defence wholly or partially borne by the State.
(3) the proposal for a decision under paragraph 2, shall be authorized to submit, in addition to
the accused and his defence counsel and the persons mentioned in § 37 para. 1. A proposal for the
the decision referred to in paragraph 2, including the annexes, which has to be proven
justification, the accused in pre-trial process through the State
Representative and in proceedings before a court, that Court held proceedings at first
the degree. Against the decision referred to in paragraph 2 is admissible a complaint to
suspensory effect.
(4) if the final decision referred to in paragraph 2 to the accused person
entitled to a free defence or defence for a reduced fee, and
the accused about the provisions of the defence counsel so requests, the Attorney shall promptly
appointed. Appoint a defence counsel and, no longer exist if the reasons for the decision in accordance with
paragraph 2, the provisions of the President of the Senate and cancels the pre-trial
judge. The provisions of § 38 paragraph 1(a). 2, § 39 para. 2, section 40 and 40a shall apply
by analogy.
(5) all law enforcement bodies are obliged to always the accused
about his rights and give him the full possibility of their application.
The accused, who has been detained or arrested, should be advised of the right to
urgent medical assistance, the maximum time limit, after which it may be limited by the
at liberty, than it will be handed over to the Court, and on the right to leave, notify
consular office and member of the family or another natural person,
stating the data needed for a notification, in the case that will be taken into
binding.
(6) the Body active in criminal proceedings, which carried out the detention or arrest,
passes the accused persons without undue delay in writing the lessons of his rights;
the accused person must be able to read this lesson; the accused has the right to
retain this information to each other all the time limitation or deprivation of
personal freedom.
§ 34
The legal representative of the accused
(1) the legal representative of the accused who is deprived of his legal
capacity or the capacity to perform legal acts is limited, is authorised to
the accused be represented by, in particular, to choose his defence counsel for the accused, do
suggestions for him, to make applications and remedies; It is also authorised to
to participate in those operations, which under the law can participate in the
the accused. In favour of the accused, the legal representative of such rights may
even against the will of the accused.
(2) in cases in which the legal representative of the accused cannot exercise
their rights referred to in paragraph 1 and the risk of default, the President of the
the Senate, and in preliminary proceedings, the Prosecutor may, for the performance of these rights
the accused person to appoint a tutor. The decision on the provisions of the
the custodian is admissible a complaint.
THE FIFTH SECTION
Defense Attorney
§ 35
Defense Attorney
(1) the defence counsel in criminal proceedings may only be a lawyer. For each of the
acts of criminal proceedings, with the exception of proceedings before the regional court as
Court of first instance, before the High Court and the Supreme Court, may
defense lawyer to represent him at the Bar Association.
(2) an advocate may not be a lawyer, against which it is or was conducted
prosecution, and as a result, in proceedings in which should exercise
defence, has the status of an accused person, witness or person concerned.
(3) in criminal proceedings cannot be an advocate Attorney, who says
as a witness, the expert's report or is operating as an interpreter.
Necessary defense
section 36
the title launched
(1) the accused must have a defence counsel already in the preparatory proceedings,
and) if in custody, imprisonment, in performance
the protection measure involving deprivation of liberty or to
observation in a medical institution (article 116, paragraph 2),
(b)) if it is deprived of the capacity to perform legal acts, or if its
competence to perform legal acts is limited,
c) in the case of proceedings against a fugitive, or
(d)) for the negotiation of the agreement on guilt and punishment.
(2) the accused must have a defence counsel if the court sees fit, and in
the preliminary proceedings, the Prosecutor considers it necessary, in particular, that since
to the physical or mental defects of the accused have doubts as to its
competence to defend.
(3) if the offence for which the law stipulates a prison
deprivation of liberty whose upper limit exceeds five years, must have
the accused lawyer already in the preparatory proceedings.
(4) the accused must have defence counsel whether or not
and in the main version) held in simplified proceedings against boarded,
or
b) in proceedings in which the decision on the imposition or change in the security
detention or imposing or changing a protective treatment, with the exception of
the protective treatment of protialkoholního.
§ 36a
(1) in the enforcement process, in which the Court decides in the public session,
You must have the person's Attorney,
and if deprived of) competence to perform legal acts, or if its
competence to perform legal acts is limited,
(b)) is in custody, or
(c)) if there are doubts about his ability to defend,
(2) in proceedings on a complaint for violation of the law, in proceedings on appeal and in
the proceedings on the application for permit renewal must have a defence counsel, the person's
and in the case of) the cases referred to in § 36 odst. 1 (b). and) or (b)),
(b)) in the case of an offence for which the law stipulates a prison sentence,
the upper limit exceeds five years,
(c)) if there are doubts about his ability to defend,
d) in the case of proceedings against the prisoner, who died.
section 36b
(1) if the reason given must be the defence pursuant to § 36 odst. 3 or § 36a para.
2 (a). (b)), the accused may advocate giving up, unless an offence
that can save an exceptional punishment. The accused may give up even in the advocate
If necessary the defence under § 36 odst. 4 (b). and).
(2) waiver of Attorney referred to in paragraph 1 may be made only by the accused
the express written declaration or orally by the officer
in criminal proceedings, who leads the proceedings; the Declaration must be made in
the presence of the defence counsel and, after prior consultation with him.
(3) a declaration of surrender the accused may at any time take the Defender back.
Along with the withdrawal of the Declaration has accused present a power of Attorney
defense lawyer, whom he chose, or ask on its provisions; If so
they do not, it is considered that the Attorney did not elect him and advocate without delay
shall designate. If the accused took their Declaration of surrender Defender back,
cannot advocate giving up again.
(4) the Acts made since the delivery of the Declaration of surrender Attorney authority
law enforcement to his withdrawal need not be repeated just out of
the reason that the accused did not have defence counsel at this time.
§ 37
The chosen defence counsel
(1) if the accused He right to choose defence counsel and, if he chooses, or
his legal representative, can it choose to his relative in the tribe
direct, its sibling, adoptive parent, osvojenec, husband, partner, companion,
as well as by the person concerned. If the accused is deprived of his legal
capacity or if his competence to perform legal acts is limited, so they can
do these people even against his will.
(2) the accused may instead of a defense lawyer who has been appointed to him or a person
qualified to do so, choose a lawyer elected another. If the change
defense lawyer to advocate could be notified about the action in the prescribed by law
the time limit, the institution active in criminal proceedings, from the date of receipt of such notification,
understands that the newly elected an attorney. Otherwise, the defence counsel before
appointed or elected, unless excluded, obliged to defend
defence of the exercise until it personally takes over later elected
Defense Attorney.
(3) if the accused chooses two or more defenders and authority of law
criminal proceedings at the same time notify you which of these defenders of the
receipt of documents and to the vyrozumívání of the action of criminal proceedings shall be determined by
President of the Senate and in preliminary proceedings the State Prosecutor; your
decision shall be notified to all the chosen defenders.
§ 37a
(1) the President of the Chamber and the pre-trial judge shall decide without an application
on the exclusion of the lawyer as the chosen defence counsel of the advocacy
and) for the reasons referred to in § 35 para. 2 or 3, or
(b)) if the advocate repeatedly fails to appear in acts of criminal proceedings,
where is it necessary nor does not ensure the participation of their representatives,
Although it has been properly and timely informed about such acts.
(2) the exclusion of the lawyer as advocate and President of the Senate selected in
preliminary proceedings judge also decides if the advocate shall exercise
defence of two or more spoluobviněných, whose interests in the criminal's
contrary to the control. Defense lawyer who was expelled for this reason, it cannot in
the same case from performing any defence of the accused.
(3) prior to a decision pursuant to paragraph 1 or 2 of the President of the Senate, and in
preliminary proceedings judge allows accused persons and advocates, in order to get to the point
expressed, and in the decision of this expression into account. If the decision of the
the exclusion of defence counsel, the accused, at the same time allows to get in reasonable time
has chosen to advocate another; in the case of necessary defence, it shall proceed in accordance with § 38
paragraph. 1.
(4) against the decision referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect.
Appointed defense attorney
§ 38
(1) if the accused does not have a defense lawyer in the case, when it must have (§ 36 and
36A), the deadline for him to choose a defence counsel. If within this period will not be
defense lawyer elected, he will advocate on the duration for which grounds must
the defence immediately defined.
(2) if the accused, shall designate those whose interests in the
criminal proceedings are usually advocate the common.
§ 39
(1) an advocate shall designate, and no longer exist if the reasons necessary to the defence, the provisions
Clears the President of the Chamber and the pre-trial judge.
(2) for the purposes of the provisions of the defence counsel, the Court conducts an ordered waiting list alphabetically
lawyers (hereinafter referred to as "waiting list") who agree with the performance of defence as
the provisions of the advocates for this Court and have in its circumference, or
Headquarters, its registered office. In the district courts in Prague, under the seat
considered the capital city of Prague. If you cannot establish a lawyer from this
the Court will appoint a lawyer waiting list from the waiting list of lawyers of the parent
the Court.
(3) Lawyers are on the waiting list management ustanovováni as advocates
each of the accused, as in a row following their
the last name on the waiting list. If the lawyer appointed in this way, the
which are reasons for exclusion from the defence, or if it could not be
lawyer appointed for other reasons, appoints the first subsequent Attorney
for which these reasons are not. If the accused surrendered to the appointed defence counsel
declaration under section 36b and subsequently took that statement back, establish
He had the same lawyer, if that is possible.
(4) if there is a joinder to the common discussion and decision and
the accused person was in each of these things is appointed defense lawyer, President of the Chamber
and, in preliminary proceedings, the judge shall cancel the provisions of those defenders who were
appointed later. If the provisions of the defenders at the same time, it cancels the
the provisions of the defense lawyers, who were appointed in a less severe
Criminal Act.
section 40
Appointed defense lawyer is obliged to take over the defense. Important reasons
However, it can be a lawyer, at his request or at the request of the accused
relieved of the obligation to defend and instead appointed another lawyer.
Relieved of the obligation to defend in court the President of the Senate, and in
pre-trial judge.
§ 40a
(1) for the reasons stated in § 37a paragraph 1. 1 or 2, or if he does not pursue
established longer period of defence lawyer, President of the Chamber, and in the preparatory
management of the judge's own motion decide on acquittal of the appointed defence counsel
duties of advocacy; prior to the decision allowing the accused and defense lawyers,
in order to comment.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 41
The obligations and rights advocate
(1) an advocate is required to provide the necessary legal assistance to the accused person,
effectively used to serve the interests of means and methods of defence
referred to in the Act, in particular, to take care of that in the proceedings and
in time clarified the facts that the accused deprive guilt or his
assuaging the guilt, and thus contribute to the correct explanation and decision
things.
(2) the Advocate is entitled to no longer be in the preparatory proceedings for the accused
suggestions for him, to make applications and remedies, to inspect the files
(section 65) and to participate in the investigation pursuant to the provisions of this law
the acts. With the accused who is in custody, shall be entitled to speak in the range
provided for in § 33 para. 1.
(3) the Advocate is in proceedings before the Court shall be entitled to participate in all actions
where the accused can take part in.
(4) if the accused Is deprived of legal capacity or if its
competence to perform legal acts is limited, can advocate for the permissions referred to in
paragraphs 2 and 3 of the exercise also against the will of the accused.
(5) the authorisation advocate when his election or provision
defined otherwise, shall expire upon termination of criminal prosecution. Even if the authorization
Thus, the defense attorney for the accused entitled to appeal yet
and participate in the proceedings on the appeal in the Supreme Court, to submit a request
for mercy and for stay of execution of sentence.
(6) the Advocate has the right at all stages of the criminal proceedings request
advance copy of transcript or log (section 55) for each act of criminal
control. Authorities active in criminal proceedings (section 12 (1)) shall be obliged to him
meet; refuse can only when it's not due to technical reasons
possible. The associated costs shall be obliged to pay to the State.
THE SIXTH SECTION
The person concerned
§ 42
(1), whose case was taken up by or under the proposal to be taken up by
(the person concerned), must be given the opportunity to get to the point
comment; may be present at the main trial and public hearing,
do these suggestions, to inspect the files (article 65) and administered in cases
This Act provided for remedies.
(2) law enforcement Authorities are obliged to person involved on
its rights and to provide it with the possibility of their application.
(3) if the person concerned is deprived of legal capacity or competence
If the capacity to perform legal acts is limited, exercised her rights
According to this law, its legal representative.
(4) if the seized or if this is by design, to be taken up by the thing that is
part of the assets of the trust or mutual fund, has a criminal
control the position of the person concerned, the trustee or
obhospodařovatel mutual fund.
THE SEVENTH SECTION
Damaged
The permissions of the victim and the claim for damages or
non-material damage, or to unjust enrichment
§ 43
(1) a person who has been a criminal offense to harm to health caused by
property damage or non-material damage, or the one on the expense of the
the perpetrator of a crime enriched (damaged), has the right to make a proposal to
additional evidence, inspect the files (article 65), to participate in the negotiation of the
agreement on guilt and punishment, to participate in the trial and the public
the meeting to be held on the appeal or for the approval of guilt and punishment and
before the end of the trial to comment.
(2) the injured party is not the one who feels to be a criminal
Act morally or otherwise damaged, but the resulting injury is not caused by
the fault of the offender or its establishment is not in a causal relationship with
a criminal offence.
(3) the injured party is entitled to propose to the Court also in the convicting
the judgment of the accused the obligation to pay in money damages or
non-material damage, which was caused by the criminal offence, the victim, or
issue an unjust enrichment, that the defendant at his expense of criminal
the crime gained. The proposal is to be taken at the latest at the trial before the
the start of the taking of evidence (article 206, paragraph 2); If a negotiated agreement on the guilt and
the sentence, it is necessary to make a proposal at the latest when first hearing about such
Agreement (section 175a (2)). The proposal must be perceptible, for what reasons and in
what the amount of the claim for damages or non-material damage claims
or on what grounds and to what extent the claim is made on the issue of
of unjust enrichment. The reason and the amount of damage, non-material damage or
unjust enrichment is damaged shall be obliged to provide evidence. About these rights and
obligations must be damaged; If it wasn't for the decision on the
the claim of the injured party a sufficient basis and unless important
reasons, in particular the need for the judgment or penalty
command without undue delay, the Court shall notify the victim, how
can add documents, and shall provide it with a reasonable period to do so, he
at the same time.
(4) the injured party which is the victim of a criminal offence under the law on victims of
crime, has the right, at any stage of criminal proceedings make
a statement about what kind of impact he had committed offence on his past
life. The Declaration may be made in writing. A written declaration is in control
before the Court performs as documentary evidence.
(5) the injured party may also be an explicit statement forwarded to the authority
law enforcement officials give up the procedural rights which the law
as the victim admits.
§ 44
(1) the injured party cannot exercise the one who is in the criminal
proceedings prosecuted as spoluobviněný.
(2) if the number of victims Is exceptionally high and individual performance
their rights could be threatened by the rapid progress of the prosecution,
President of the Chamber shall decide, and in preparatory proceedings upon a proposal of the State
the representative of a judge that may damage their rights in criminal proceedings
apply only through a common agent, which
chooses. Shall notify the decision in proceedings before the Court and, in preliminary
proceedings, the State representative of the victims, who have already raised a claim for
or non-material damage or damage to the unjust enrichment;
the decision shall be notified to the other victims in the first act of criminal proceedings,
to which shall be summoned or on. If
the total number of selected agents has risen to more than six, and damage
among themselves do not agree on the selection of, make a selection, taking into account
damaged the interests of the Court. Common agent exercises the rights of victims
It represents, including the exercise of the right to compensation for damages or
non-material damage, or on the issue of unjust enrichment in the criminal
control.
(3) an application under section 43 para. 3 may be made if the claim was no longer
decided in civil or in another appropriate proceeding.
§ 44a
cancelled
§ 45
(1) if the injured person deprived of legal capacity or competence
If the capacity to perform legal acts is limited, exercised her rights
According to this law, its legal representative.
(2) in cases in which the legal representative of the injured party cannot exercise
their rights referred to in paragraph 1 and the risk of default, the President of the
the Senate, and in preliminary proceedings, the Prosecutor shall designate for the exercise of the rights
the victim of the guardian. The decision on the provision of a guardian is
admissible complaint.
(3) in the case of a claim for compensation or to release
unjust enrichment (§ 43 para. 3), the rights that this
the law confers on the victim, and to his successors in title.
§ 45a
All documents intended victim is delivered to the address you
damaged presents. If the agent, delivers to him alone; This does not apply,
If the injured party shall send a challenge to do something personally.
§ 46
Law enforcement authorities are obliged to the victim of his rights
learn a lesson and give him full opportunity to their application. If it is conducted
proceedings for an offence for which you can negotiate an agreement on guilt and punishment,
notify the authorities responsible for criminal proceedings when the lessons conducted in
the preparatory proceedings of the damaged, in particular, that the trade may occur
agreement on guilt and punishment and that in this case may claim the
damages or non-material damage in money or issuing a
unjust enrichment not later than when the first negotiations for such an agreement.
If it has a damaged the position of the victims under the victims of crime,
are required to learn it also on the rights under the law on victims of crime
acts and give him full opportunity to their application.
Securing the claim of the injured party
§ 47
(1) if the victim caused by the criminal offence or non-
the injury, or if the accused has acquired such a criminal offence at his expense of
unjust enrichment, you can claim up to the amount of the damages, or likely
non-material damage, or until the likely extent of unjust
the enrichment of the assets of the accused. Ensure you cannot claim that
You cannot apply in criminal proceedings. To ensure the assets that cannot be used
under special legislation is excluded from enforcement of the
collateral.
(2) the guarantee referred to in paragraph 1 shall be decided by the Court on the proposal of the State
representative or the injured party, in preliminary proceedings, the Prosecutor on the proposal
the injured party. In the preliminary proceedings, the Prosecutor may claim to provide even
without the design of the damaged, if required by the protection of his interests, in particular
If there is a risk of default.
(3) if the injured party is known, that the accused is the owner of the property or
It has a movable thing is added outside the place of his permanent or another
the stay, it shall, if possible, already in the design to ensure their entitlement to
damages or non-material damage or unjust
the enrichment, where such a thing is.
(4) the Court and, in preliminary proceedings, the Prosecutor in the resolution on ensuring
disables the accused person to property referred to in the decision on seizure and
where appropriate, the assets of which will be drawn up in the execution of such a decision,
After the announcement of the resolution transferred to another or to the expense or that it
deliberately damaging or destroying. Furthermore, he saves to the presiding judge and in
preliminary proceedings to the Prosecutor within 15 days of the notification of the resolution and the
subsequently drawn up assets in a specified period, which they told whether and who has
to secure the right of first refusal or other assets or whether it is another
way restricted exercise of the right to dispose of it, and if it was provided
property right, whether or not who is the person liable to provide the appropriate
the performance, with a warning of the consequences of non-compliance of such challenge within the prescribed
time limit (section 66). If it is necessary for the purposes of ensuring, in the resolution on
collateral or even in an additional resolution to prohibit or restrict the performance
other seized assets-related rights, including the rights
only in the hereafter. Legal action taken in violation of the prohibitions
referred to in the first sentence, and the third is invalid, and the Court for invalidity
even without taking into account the proposal; It should be about that of the accused.
(5) with the property of the accused, subject to a decision regarding the securing of
referred to in paragraphs 1 and 2 may, in the exercise of judgment, execution or
insolvency proceedings to dispose of only with the prior consent of the Court, and in
the preliminary proceedings, the Prosecutor.
(6) the rights of third parties to secure the assets can be brought according to the
a special legal regulation.
(7) the injured party must be about securing its claim always informed with
calling attention to the reasons for which the guarantee referred to in § 48 para. 1.
(8) the performance of the decision regarding the securing of a claim of the injured party, and how to manage
seized property provides special legal regulation.
Section 47a
(1) the Court and, in preliminary proceedings, the Prosecutor shall refrain from performing
reinsurance operations or security unless the accused or with his
the consent of the other person to lodge the account for financial institution financial Court
security of the claim of the injured party on appropriate use of the technique
damages or non-material damage or unjust
enrichment; the other person must be familiar with the nature of the allegations and the
facts which have led or could lead to the provision. If it was
financial security has been lodged, the Court and lower in preliminary proceedings the State
representative performs locking operations on the property of the accused, to the extent
they likely claim of the injured party to damages or non-material
injury or on the issue of unjust enrichment is not ensured financial
certainty.
(2) the Financial security referred to in paragraph 1, the Court, and in preparatory proceedings
the Prosecutor shall revoke or restrict, if the reasons for the
securing a claim of the injured party, or it is evident that a claim for damages
or non-material damage, or on the issue of the unjust enrichment of the victim
in criminal proceedings may be granted or is substantially lower.
(3) unless the Court decides otherwise, it takes financial security referred to in paragraph 1 to the
the legal force of a conviction. If such a judgment was granted
the injured party is entitled to damages or non-material damage or issuing a
unjust enrichment, it will pay the Court of financial certainty.
(4) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect.
§ 48
(1) the Court and, in preliminary proceedings, the Prosecutor ensure cancels
and if the reason has ceased), for which it was ordered,
(b)) if the prosecution finally stopped or if
by a final judgment, or zprošťujícím
(c) if passed four) months from the date the convicting judgment,
which the accused was convicted, or from the day when the power came
the resolution, in which the case was referred to another body.
(2) Collateral should be limited, if it turns out that it does not need to be in the range,
in which it was ordered.
(3) the Court may, for important reasons and in preliminary proceedings, the Prosecutor
on the proposal of the accused to enable implementation of the Act, which applies to the secured
asset.
(4) the accused has the right at any time to request a revocation or limitation of a guarantee;
on that application the Court and, in preliminary proceedings, the Prosecutor, the
Decides, it shall notify the injured party whose claim was secured. If it was
application is rejected, the accused may, unless new reasons
Repeat until after the expiration of 30 days from the legal force of such a decision.
§ 49
Against a decision under sections 47 and 48 shall be admissible a complaint which are,
It is a seizure, his restriction or authorisation of the Act,
suspensory effect.
THE EIGHTH SECTION
The agent of the person concerned, and the injured party
§ 50
(1) the person concerned and may represent a corrupt agent
that may well be a legal person. An agent may be damaged
at the same time a confidant under the law on victims of crime.
(2) If an agent of an interested person or the injured party is a natural person,
It may not be the person who is deprived of legal capacity
or whose capacity to perform legal acts is limited; When the main version
and the public session cannot be an agent, one who is summoned to it
as a witness, expert or interpreter.
§ 51
(1) the agent of the person concerned, and the injured party is entitled to do under the
interested person or the injured party suggestions and submit requests for them and
remedies; It is also entitled to participate in all actions which
the person concerned may participate in or damaged.
(2) an agent of the injured party and the person concerned is no longer from the start
criminal prosecution shall be entitled to be present when investigative acts,
be undertaken to clarify the facts relevant to the exercise of the rights of persons
It represents, and the result can be used as evidence in proceedings
before the Court, unless the presence of the agent could be thwarted by the purpose of the
of criminal proceedings or of the Act cannot be postponed and be informed about it
to ensure. Can the accused and other persons examined to ask questions,
However, only when the police interrogation ends and shall give to the fact
the word. Objections to the way the implementation of the Act at any time can float in the
its progress.
(3) if the agent shall notify the police authority that wants to participate in the
investigation of the Act referred to in paragraph 2, is a police authority shall in a timely manner
agents tell you what kind of operation it is, time and place thereof,
unless you cannot defer action and notification agent cannot
to ensure. If the Act of the person in the hearing of a police authority of agents
shall communicate the information according to which such person can be identified. Where this cannot be
details determine in advance of the communication must be clear what this person has
to testify.
(4) If an agent Has a damaged or of an interested person to participate in
hearing of a witness whose identity is supposed to be for the reasons referred to in § 55 para.
2 secret police authority is obliged to take measures to
make it impossible to determine the real identity of the witness's agents, and therefore
notice of hearing of a witness whose identity is supposed to be for the reasons given in the
§ 55 para. 2 secret, may not contain the information, according to which it would be possible to
Discover the real identity of the witness.
§ 51a
(1) if the injured party, shall certify
and that is particularly vulnerable) victims under the law on victims of crime
acts,
(b)) which has been vandalized due to severe damage to health,
or
(c)) that is the survivors of victims, which was caused by a criminal act
death,
It does not have sufficient funds to pay the costs incurred by the inclusion of
Representative, shall decide on the proposal for a President of the Chamber of the Court which held
proceedings at first instance and, in preliminary proceedings, the judge shall be entitled to
legal aid is granted to the agent free of charge or for a reduced fee.
Just decide on this proposal of the injured party which filed in accordance
the law is entitled to damages or non-material damage or issuing a
unjust enrichment, if it is not applicable due to the nature of the refund
damages or non-material damage or the amount or because of the nature and
the range represented by the agent of unjust enrichment is manifestly unnecessary.
(2) Damaged less than eighteen years old is eligible, unless the offence is
neglect of mandatory nutrition (§ 196 of the Criminal Code), the legal aid
provided by the agent free of charge and without compliance with the conditions referred to in paragraph
1.
(3) the application for a decision pursuant to paragraph 1, including the annexes, to be
demonstrated its soundness, serves the sufferer in the preparatory proceedings
through the public prosecutor that attaches to it their observations,
and in the proceedings before the Court to the competent court, hearing the case.
(4) in the event that the agent has chosen a sufferer himself, as
Agent under the conditions referred to in paragraphs 1 or 2 of the President of the Senate and the
in the preliminary proceedings, the judge advocate of the registered in the registry of providers
assistance to victims of criminal offences to legal aid under the law on victims of
criminal offences according to the space mission, and in order to follow him.
If this is not possible or appropriate, designates an agent of another lawyer;
the provisions of § 39 para. 2 and 3 shall apply mutatis mutandis. The costs incurred by
inclusion of such an agent are borne by the State.
(5) if the reasons which led to the establishment of an agent of the injured party,
or if important reasons, the agent of the injured party continues to
to represent the President of the Chamber shall decide and judge in preliminary proceedings and without
the proposal waived the appointed agent of the obligation to represent the
the injured party.
(6) against the decision referred to in paragraphs 1, 4 and 5 is admissible a complaint that
shall have suspensive effect.
THE NINTH SECTION
Access to classified information
section 51b
(1) if in criminal proceedings dealt with classified information, must
be the interpreter, the accused, the legal representative of the accused, the defence counsel,
the person concerned, the injured victim, agent, agent
the person concerned, the accused or the injured party confidant, an expert, the person
serving the professional representation, as well as other persons, which according to the
the law must participate in the criminal proceedings, instructed in advance under a special
legal regulation ^ 1).
(2) instruction referred to in paragraph 1 shall be determined in the preliminary proceedings, the police
authority or the Prosecutor and in the proceedings before the Court the President of the Senate. Because
who made that lesson, it spawns a written record of the lessons of the criminal
file and a copy of it shall be sent no later than 30 days from the date of the lesson to the national
the Security Bureau.
(3) the lessons learned under paragraph 1 is not required for those people that are
valid certificate of physical persons for the appropriate level of classification
classified information and instruction, issued pursuant to a special legal
prescription ^ 1a).
THE HEAD OF THE THIRD
General provisions on criminal proceedings
§ 52
Method of carrying out acts of criminal proceedings
In the implementation of the operations of the criminal proceedings must deal with persons on the Act
participating, as required by the importance and educational purpose of criminal
the proceedings; It is always necessary to conserve their personality and their Constitution
guaranteed rights.
§ 52a
If it is necessary for the protection of the rights of persons, in particular with regard to their
age or health condition, or if so required by security or other
compelling reasons can be when performing acts of criminal procedure to use
technical devices for the transmission of image and sound (hereinafter referred to as
"video conferencing device"), if this is the nature of the acts and
If it is technically possible.
THE FIRST SECTION
Request
§ 53
(1) the Court, the Prosecutor and the police carry out individual acts of
criminal proceedings in its perimeter usually yourself. Outside of your district
carry out individual acts of criminal proceedings addressed letters rogatory of the District Court,
the State Prosecutor or the police authority in whose area the Act should be
executed or through videoconferencing facilities; If it is not
the Act is carried out via videoconferencing equipment, execute it
outside your district alone, only if the matter is urgent or if it
for the proper adjudication of the matter must necessarily be.
(2) the Supreme Court, High Court and District Court, individual acts and
execute on your circuit addressed letters rogatory of the District Court in whose district the to be
operation is carried out; The Supreme Court and the High Court it can also
addressed letters rogatory of the regional court.
§ 54
(1) it should be noted in the request, the file data, knowledge of which is necessary for the
the proper implementation of the Act. If necessary, connect the requesting authority files and
pointing to those parts where they are needed the information contained. The requested
the authority is based on the nature of the case and according to what worked in the implementation of the Act
clear, and obliged to perform other necessary actions, in particular
to hear the other person and inquire about the circumstances of the request
not listed, if it can contribute to the rapid and correct decisions matter.
(2) the Acts of the requested court, the judge takes place; the rights and
duties of the President of the Senate.
SECTION TWO
Protocol
section 55
General provisions on the drawing up of the Protocol
(1) unless otherwise provided by law, of any act of criminal proceedings
draws up, usually when the Act or immediately after it, Protocol,
which must include
and the naming of the Court) of the public prosecutor or another authority
enforcing the Act
(b)) the place, time and subject of the Act,
(c) name and surname of the official) people and their functions, first and last name
of the Parties present, name, surname and address of the legal representatives,
the guardians, advocates and agents, where applicable, the name and the surname of the other
people who participated in the Act, and in the case of the accused and the injured party whether or not
the address that you indicate for the purposes of delivery, and other information necessary to
determination or verification of identity, including the date of birth or personal identification
the numbers; If conducted by the Act data of address and
the delivery address, place of work or occupation or business
the victim, a witness, legal representative, agent or custodian,
fiduciary, then at the request of these persons to the log do not indicate if it is not
necessary for the achievement of the purpose of criminal proceedings, but they lead to
to get acquainted with them only by the authorities responsible for criminal proceedings and
probation and mediation service officials involved in the matter; This is also true
for information about personal, family and financial circumstances of the injured party, and
a witness; If it is necessary for the proper exercise of the right of defence of the person
against whom the criminal proceedings leading to this person shall communicate the necessary information; about
the communication of data and the reasons for it shall be made to the log record,
(d) a brief and concise) representation of the Act, from which it was evident
maintaining the legal provisions governing the implementation of the Act, further
the main content of the decision when the Act was proclaimed, and if the
the Act received a copy of the decision, the certificate of this service; If
verbatim protokolace testimony of the person performs, you must do the
mark so that you can safely determine the beginning and end of the literal
protokolace,
(e)), granted by the parties, where appropriate, representation of the lessons of informed people,
f) arguments of the parties or persons against the course of action, interviewed or content
Protocol.
(2) if circumstances Indicate that the witness or a person he
in testimony in connection with an apparently threaten to cause injury to the health of
or other serious risk of violations of their fundamental rights, and if you cannot
witness protection reliably provide otherwise, authority
criminal proceedings shall take measures for the confidentiality of the identity and appearance of witnesses;
first and last name and other personal information is not recorded in the log,
but the result is separate from the criminal case file and can get acquainted with them
only authorities active in criminal proceedings in the case. The witness will instruct on the law
to request confidential treatment of the form and to sign the Protocol a fancy name and
last name under which is then conducted. If it is necessary to ensure the protection of those
people, authority in criminal proceedings shall be promptly all necessary
measures. The special way of protection of witnesses and persons close to them down
a special law. No longer exist if the reasons for the secrecy of the form of the witness and separated
management of personal data of the witness, the authority which at that time leads the criminal
control, clears the classification of this information, it connects to the data referred to
criminal case-file and the form of the witness or of his identity shall continue to
neutajují; This does not apply if the concealed the identity and appearance of people
referred to in section 102a.
(3) the Protocol from a confrontation with the written testimony
konfrontovaných people literally, as well as the wording of the questions asked and
answers to them; also, to be given all of the circumstances, which are
purpose and implementation of the important confrontation. In the log produced by
rekognici is set out in detail the circumstances under which the recognition
carried out, in particular, the order in which they were people or things shown
the suspect, the accused or the witness, the duration and the conditions for their
observation and their representation; about the rekognici carried out in preparatory
control is usually also takes pictures. In the log produced by
the investigative experiment, the reconstruction and the review on the site must be
describe in detail the circumstances under which such operations are carried out, as well as
their contents and results; If the circumstances of the case do not exclude, shoots
also pictures, sketches and other suitable materials, if
possible, connects to the Protocol. Similarly, it is necessary to proceed even if
the implementation of additional evidence explicitly in the law that are not covered.
(4) in the Czech language, the report on the testimony of persons, albeit
interviewee speaks in another language; It depends if the verbatim
termination, writes the writer or translator to log the
part of the testimony also in the language in which the person is telling us.
(5) for the correctness of the Protocol corresponds to the one who carried out the operation.
section 55a
The use of special resources in protokolaci
(1) to capture during the Act can be used těsnopisného
the minutes, which are then combined with the transcription of the common fonts will connect to the
Protocol, or audio or video recording, or even another
the appropriate resource. If it is used in the implementation of the Act
videoconferencing equipment, takes the audio and video recording
always.
(2) if the Act Was taken next to the log and audio or video
record, noting this fact in the log produced by the Act, in which the
In addition to information about time, place and manner of its implementation shall also indicate on the
the used resource. Technical record carrier is attached to the file or
in the file indicate where it is stored.
section 55b
Some peculiarities of the protokolace in the proceedings before the Court
(1) on the progress of the trial is, unless important reasons
President of the Chamber decides otherwise, created the audio recording; the provision of section 55a paragraph 1.
1 second sentence shall remain unaffected.
(2) If a party to the action as the writer of the higher court official or
logging an official protocol is not dictated by, but separately it according to
Audio takes a higher court official or logging
official.
(3) testimony of people that have already been heard, to the Protocol on the
the main version or in public meetings be recorded only as long as
contain derogations or additions to the earlier testimonies or explanations.
The Prosecutor or the accused may request that testimony taken in the proceedings
before a court or a part thereof has been literally logged; the President of the
the Senate such a request, if the subject of the testimony is not just
the repetition of what is already captured in the log.
(4) the Protocol of the trial or public session need not be in writing
make, if the accused person and the Prosecutor shall declare that
surrendering to appeal against the decision and on a written copy
the Protocol of the trial or public meetings do not last, or no
the absence of the authorized persons of the appeal and the decision has become final
power. In this case, draw up a higher court official or
logging an official brief record of the course of the trial, or
public meeting, stating the place and duration of the trial
or public meeting, the persons present, the operative part of the decision, stating the
the statutory provisions to which it is applied, and the observations of the beneficiaries
on the use of legal remedies.
(5) If a sound recording made before the Court on the progress of the Act and, if not
given the reason for the procedure under paragraph 4, record its essential content
already in the course of the Act or immediately after its completion to the log.
(6) in proceedings before the Court is responsible for correctness and completeness of the protokolace
the higher the clerk or the clerk, logging if he was joined as a
the writer.
(7) the sound recording shall be kept in the data medium, along with the document, and
If there is no connection to the file possible, noting the log or
brief record instead of saving it. Delete the audio recording could not be
execute the file before shredding.
(8) if the Act is carried out outside the building of the Court and an audio record cannot be
buy, picked up the slack to the Act and President of the Senate he writer Protocol
dictates.
§ 56
Signing of the Protocol
(1) the Protocol of the trial and on public and private session
signed by the President of the Chamber, and writer; other protocols signed by the
who act done, and the person to whom the Act applies, or the writer,
the interpreter, expert or other person přivzatá to act. If the operation is carried out
through videoconferencing facilities, the person to whom the Act applies,
the Protocol does not sign. If the Protocol of the hearing to multiple pages, you must
interviewee to sign each page of the log. The refusal of the
vyslýchaný or any other person to sign the Protocol to the přivzatá of the Act, the
It's in the log with noting the reason for the rejection.
(2) if the President of the Senate for obstruction of a longer duration to sign
the Protocol of the trial or on public or private
the meeting shall sign it, another Member of the Senate. If this is a setback for other
person or by a single judge, noting the reason why in the log signature
He's unconscious.
§ 57
FIX Protocol
(1) on repair and additions to the Protocol of the trial and the public and
a private session and also of objections against such a protocol
the Court, whose Protocol is. It is against this decision
admissible complaint.
(2) a person who was driving the negotiations or implementation of the Act, may, even after the signature
Protocol to order or make the correction of clerical errors, or other
obvious mistakes. Adjustment shall be made so that the original writing has remained
readable; the correction shall be signed by the person who ordered it.
§ 58
Protocol on vote
(1) the Protocol of voting shall be indicated in addition to the General requirements (section
55 paragraph 1. 1)
and the procedure for individual polls), their result and the operative part of the
the decision,
b) opinion different from the opinion of the majority, and this throughout the text of (i) a brief
justification.
(2) a record of all of the polls, which occurred during the same
negotiations, holds a single log on to the vote.
(3) the Protocol on vote signed all members of the Senate and
the writer.
(4) the Protocol on voting, the sealing and attached to the minutes of the hearing.
Open to only the presiding judge at the superior court in deciding
on the appeal, and the President of the Senate of the Supreme Court
deciding on a complaint for a breach of the law, as well as the judge in charge of
copy of the judgment; after consultation with the sticker and open it again commits
his signature.
(5) the Protocol of the vote did not list, if it is a simple decision,
on which the Senate passed unanimously, and which was preceded by a meeting of
only in the courtroom without interruption of the negotiations; Protocol of the meeting in
this case, noting that the order was made without interruption
the negotiations.
THE THIRD SECTION
Administration
§ 59
(1) the administration shall be assessed according to their content, even if it is incorrectly
marked. You can do so in writing, orally, in electronic
the form of a signed electronically in accordance with special regulations, cable,
by telefax or telex.
(2) the person who makes the submission in electronic form under the Special
law, it shall at the same time, the certification services provider
that his certificate issued and leads its registration, or certificate
connects to the administration.
(3) in the preliminary proceedings, the application shall be drafted submissions orally police
authorities and the District Public Prosecutor's Office; in the proceedings before the Court is
be drawn up by district courts. If there are important reasons for it, they may
exceptionally draw up and public prosecutor's Office and courts of higher instance. Word of mouth
an appeal may be made to the Protocol.
(4) if the law for the submission of a particular species does not require additional formalities,
must be from the petition, which the authority of the law in criminal proceedings is
determined, who makes it, that stuff applies to and what follows, and must be
signed and dated. The submission must be submitted with the appropriate number of
principal and with attachments so that one copy remained with the competent
Authority participating in criminal proceedings and to any person interested in such a
the filing of a copy, one got if needed. Does not satisfy the
These requirements, the authority in criminal proceedings, it returns podateli, if
I know, to complement with the lesson, as gaps.
At the same time setting a deadline to remove them. It is not known if podatel or
are not remedied within the time limit removed, to submit further
not taken into account; It does not apply to criminal charges or for another initiative, on
which it can be concluded on the suspicion of having committed a criminal offence,
or for the submission of, whose content is a remedy, even if it does not contain
all of the above requirements. Of the appeal, however, must always be
the petition, which challenges the decision and who makes it.
(5) if the complaint is by word of mouth, the notifier must be
hear about the circumstances in which the Act was committed, about the personal
conditions on which the notification is submitted, the evidence and the amount of damages
caused by the notified Act; If the notifier at the same time to the victims or
his agent, must be heard also about whether requests that the Court
decided in criminal proceedings concerning his entitlement to compensation for damages or
non-material damage or unjust enrichment. The questioning is to be
so, in order to obtain a basis for the further procedure.
(6) if the Protocol was a criminal notification by word of mouth drawn up in
the Court, the Court shall immediately send it to the Prosecutor.
SECTION FOUR
Time limits
section 60
Calculation of time limits
(1) within the time limit specified by the days not including the day when the event occurred
to specify the beginning of the period.
(2) the time limit laid down in weeks, months or years, it shall expire
the date on which his name or number corresponds to the date on which the
the event occurred that specifies the beginning of the period. If this is missing in the last day
month period, ending on the expiry of the last day of that month.
(3) if the end of the period falls on a working day or working
off, for the last day of the period closest to the next working day.
(4) the time limit is also retained if filing was within
and as the mail is lodged), addressed to the Court, the public prosecutor
or the police authority, which is to be given or who has in case
decide,
(b)) taken at the Court or the public prosecutor, which has in the matter
decide,
(c)) made a national armed forces or armed corps in Active
the Chief of the service,
(d)) made by the Director of the correctional facility, where is the one who makes the submission,
in custody or in a penalty or
(e)) taken orally in any District Court or
the District Public Prosecutor.
§ 61
Return deadlines
(1) if the accused or Misses his lawyer of the important reasons the deadline to
an appeal, grants it, unless the law provides otherwise,
It is for the authority to decide on the appeal, the return of the
the time limits. The recovery period is to be requested within three days of conclusion of the
obstacles. If the appeal has not been filed yet, you need to be
applications connect. In the case of an appeal against a judgment, it is possible to appeal
to justify even within eight days of the service of the order for authorisation
the recovery period.
(2) if the appeal Was already rejected as a belated, it cancels the authority
When you enable the recovery period as well as its decision to reject
appeal.
(3) the provisions of paragraphs 1 and 2 shall be used mutatis mutandis if, if,
the time limit for appeal, which was rejected as
delayed, missed both.
THE FIFTH SECTION
Delivery
§ 62
General provisions
(1) has not been delivered in the Act of criminal proceedings, be served on the
her body active in criminal proceedings to the data box ^ 1b). If it is not possible to
deliver the document this way, delivers her authority in criminal
control itself or through the postal service (hereinafter
"post office"), and in the case that such a service was not successful, and
through the authority of the municipality. If the document is delivered to the Court or the State
the Prosecutor's Office itself, it does so with a courier or judicial authorities
the guards. If you cannot follow these steps to effect service, delivered via the
the competent police authority. In the cases provided for in the specific
the legislation delivers authority in criminal proceedings by
The Ministry of Justice or other established authority.
(2) if the accused has a lawyer, and damaged or the person concerned agent,
delivers the document is only a lawyer or agent, if the law
provides otherwise. However, if the defendant, victim or the person concerned
something in person, the document is served to them too.
(3) if the authority delivers the active in criminal proceedings a document through the
mail, can be such a document drawn up for her cooperation; details
such a procedure, shall lay down by Decree of the Ministry of Justice.
§ 63
the title launched
(1) unless otherwise provided by this Act, are used for delivery
natural persons, legal entities, State bodies, the State, lawyers,
notaries, municipalities and higher territorial entities, mutatis mutandis, the provisions
valid for service in civil proceedings.
(2) if the addressee of the accused shall be served on him at an address
for this purpose, the said [§ 55 para. 1 (b) (c))].
(3) shall be served on the lawyer in proceedings against a fugitive to a document
for the accused (section 306 (1)), it shall proceed in the manner applicable to
the delivery of the accused person.
§ 64
The service into your own hands
(1) into your own hands shall be served on
and the prosecution, the accused) proposal for approval of the agreement on the guilt and punishment,
proposal for punishment and summons,
(b)) persons authorized to appeal against the decision of the appeal a copy of the
in this decision,
(c)) other document, if the President of the Chamber, the Prosecutor or
the police authority of the important reasons.
(2) if the addressee of the document Was to be delivered to their own
the hands, having been reached, the document is deposited and the addressee shall be appropriately
inform where it can pick up.
(3) a document is saved
and) at the District Court in whose area is the place of delivery, or in court,
having its registered office at the place of delivery, if it delivers the Court
delivery man or the authority of the judicial guard,
(b)) in the public prosecutor's Office, whose jurisdiction is the place of delivery, or
the Prosecutor's Office, which has its registered office at the place of delivery, if it
served by the bailiff of the prosecution service or the authority of the judicial
the guards,
(c)) at the post office where the mail is delivered,
(d)) with the authority of the municipality if the municipality is served by the authority, through the
(e)), the competent authority of the police if the document itself or served
It served by the Court or the Prosecutor's Office by the police
authority.
(4) if the addressee's does not collect the document within ten days of storage,
It is considered the last day of the period for the day of service, even if the addressee
about depositing, although at the point of delivery, or referred
the address called for service. Serving the authority, after a vain
the expiry of the document to the House would roll or other addressee
used mailbox, unless the sender of the insertion of the document to the Clipboard
excludes. If there is no such mailbox, the document is returned to the sender and
posted about it on the official notice board.
(5) paragraph 4 is he delivers to
and the resolution on the initiation of the accused) criminal prosecution, the prosecution, the proposal on the
the punishment, a proposal to approve the agreement on guilt and sentence, judgment,
penalty order or summons to trial or public
the meeting, or
(b)) other document, if the President of the Chamber, the Prosecutor, or
the police authority of the important reasons.
(6) if the service referred to in paragraph 4 is excluded, it must the sender to
consignment conspicuously indicate. In this case the body effecting returns
the document to the sender after the lapse of time of ten days from the date of
It was saved.
§ 64a
Refusal of acceptance
(1) if the addressee or person entitled to followed by the document
take, accept the document, noting it on the acknowledgement of receipt together with the date
and the reason for the refusal and the document is returned.
(2) if the President of the Senate, the public prosecutor or police authority
that document is posted, that the adoption was denied without good reason, it is considered
the document is to be delivered on the date when the adoption was denied; on this
result must be the addressee.
THE SIXTH SECTION
Inspection of files
§ 65
(1) the defendant, victim and the person concerned, their advocates and agents
they have the right to inspect the files, with the exception of the Protocol on the voting and
personal data of the witness in accordance with § 55 para. 2, make excerpts therefrom, and
notes and take the cost of a copy of the files and their parts.
The same right to legal representatives of the accused, the injured party or
the person concerned, if these persons are deprived of the capacity to
legal capacity, or if the capacity to perform legal acts is limited.
The other person may do so with the consent of the President of the Senate and in the preparatory
the proceedings with the consent of the public prosecutor or police authority, only
If it is necessary to exercise their rights.
(2) in the preliminary proceedings, the State Prosecutor or police authority the right to
look in the files, and the other rights mentioned in paragraph 1 of
compelling reasons to deny. The severity of reasons from which these rights
police denied the authority, at the request of the person concerned, the refusal
the Prosecutor is obliged to urgently examine. You cannot deny this right
the accused and defense lawyers, once they were alerted to the possibility of review
writings, and in negotiating the agreement on guilt and punishment.
(3) a person who had the right to be present, the Act cannot be denied
inspection of the Protocol of such Act. The accused and his lawyer
cannot be denied access to the resolution on the initiation of criminal prosecution
(section 160 (1)).
(4) the rights of the State authorities and the national member of Eurojust to inspect the files
According to other legal regulations are the provisions of the preceding paragraphs
without prejudice to the.
(5) when allowing access to the files it is necessary to take such measures,
in order to maintain the secrecy of classified information is protected in a special
law and information, which is covered by the state saved or recognized
obligation of secrecy.
(6) inspection of the files it is necessary to take such measures that have not been
the data is made available to you pursuant to § 55 para. 1 (b). (c)) can
Learn about the only authorities active in criminal proceedings and probation and
mediation services involved in the case. In the case of a request from the person against whom the
the criminal proceedings concerning the communication of such information shall be used § 55 para. 1
(a). (c)) apply mutatis mutandis.
THE SEVENTH SECTION
Fine won
§ 66
(1) Whoever through previous admonition cancelled the proceedings or who are before the Court,
to the Prosecutor or police authority behaves offensively or who, without
sufficient excuse disobeying or comply with the request that he
have been made under this Act, it may be the President of the Senate, and in the preparatory
proceedings by the public prosecutor or police authority punished riot
a fine of up to $ 50,000.
(2) if he is of the negotiations referred to in paragraph 1, the Member of the armed
forces or armed corps in active employment, you may leave the
to the appropriate Commander or Chief to kázeňskému punishment.
If he is such a person who is in custody or in the performance of
imprisonment, may be abandoned to the Director of the prison to save
disciplinary measures or to kázeňskému. The Commander,
the Chief or the Director is obliged to inform the authority about the result in the
criminal proceedings.
(3) if he is of the negotiations referred to in paragraph 1 or in the management of defence counsel
before the Court, the Prosecutor shall transmit to the competent authority karnej
penalty. This body is obliged to inform the authority about the result in the
criminal proceedings.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
shall have suspensive effect.
CHAPTER FOUR
INTERIM MEASURES AND SECURING PEOPLE AND THINGS
THE FIRST SECTION
Binding
§ 67
The reasons for custody
The accused may only be taken into custody only if from his acts or
other particular facts justified concern,
a) that will hide or flee, to criminal prosecution or
the sentence, especially if his identity cannot be immediately determine if the
the permanent place of residence, or where there is a high penalty to him,
(b)) that will act on yet nevyslechnuté witnesses or spoluobviněné
or otherwise thwart investigation of facts of relevance for the prosecution,
or
(c)) that will repeat the crime, for which he is prosecuted, will carry criminal
the Act, which attempted to, or execute the offense, which prepared the
or which threatened to
and yet the facts found indicate that the Act for which it was
prosecution has been committed, has all the characteristics of an offence,
are clear grounds for believing that the accused committed the offence,
and with regard to the person of the accused, the nature and gravity of the offence, for
that is, you cannot at the time of deciding the purpose of binding to achieve other
measures, in particular the imposition of one of the interim measures applied for.
§ 68
the title of the paid
(1) can only take into custody the person against whom the criminal was initiated
prosecution. The decision on custody must be given also by the
by the circumstances.
(2) take into custody cannot be the accused who is prosecuted for an intentional offence
offence for which the law stipulates a prison sentence whose upper limit
not exceeding two years, or for an offence committed through negligence, the
which the law stipulates a prison sentence whose upper limit
does not exceed three years.
(3) the restrictions referred to in paragraph 2 shall not apply if the accused
and fled or HID),
b) repeatedly have failed to summons and failed to show it
or otherwise ensure his participation in the Act of criminal proceedings,
(c)) is an unknown identity and available resources, it
Figure
(d)) has already served on witnesses or spoluobviněné or otherwise thwart
clarifying the facts of relevance for the prosecution, or
e) has already said the crime for which he is prosecuted, or in such
Crime continued, or it was for such a crime in the
the last three years, convicted or punished.
(4) the limits referred to in paragraph 2 for an intentional criminal act is, of course,
If the binding is given a reason referred to in section 67 (a). (c)) and taking into account the
the nature of such a crime requires custody effective protection
the victim, in particular the protection of life, health, or other similar
interest.
§ 69
The order to arrest
(1) if any of the reasons given is binding (§ 67) and the accused cannot be
call, show off or detained and ensure his presence in the
the hearing shall issue a pre-trial judge on the proposal of the public prosecutor and the
in the proceedings before the Court the President of the Senate to the accused was arrested.
(2) an order for the arrest must be next to the data to ensure that the accused will not be
confused with another person, include a brief description of the offence for which it is
the accused prosecuted, the indication of a criminal offence which is in this deed
sees, and accurate description of the reasons for which the warrant is issued.
(3) Arrest shall be carried out on the basis of the police authorities, which are
must also, where necessary, to execute a command to track down stay
of the accused.
(4) a police authority, that of the accused on the basis of the arrest, it is
obliged to him without delay, but not later than within 24 hours, to deliver to the Court whose
the judge issued the order, or a place to carry out this Court
hearing by videoconferencing equipment; If this is not
exceptionally due to unforeseen circumstances, it must be
the accused delivered no later than 24 hours after the arrest of another competent
the Court. If not so, the accused must be released.
(5) a judge of the Court that issued the order to arrest, the accused must
listen to immediately decide on custody and notify this decision to the
the accused within 24 hours from the time the accused was delivered to the place of
questioning. The questioning of the accused if, exceptionally, a different jurisdiction
the judge to whom the accused was delivered due to unforeseen
in the circumstances, he shall inform the judge of the Court that the
the arrest has issued. This judge after getting information about the hearing will decide on the
custody and shall notify its decision by a judge of the performing
the questioning of the accused. If the accused person is not binding decision notified to the
24 hours since it was delivered to the place of the hearing must be released
to freedom. The accused has the right to request that the defence counsel was present when
His questioning if it is within reach.
(6) the accused, who was taken into custody, shall supply to the place of binding
police authorities.
section 70
Notification of custody
Of custody must without delay notify is a family
a member of the accused or another natural person, for which the accused
Enter the details needed to notice, as well as his employer; It
does not apply if the accused declares that he does not agree with such a notice,
unless it is a notice to the family of a young person. About the taking into
binding national armed forces or armed corps should be
notify its master or Chief. About taking the alien into custody and
on his release from custody shall also inform the consular post of the State whose
is the alien's nationality if the alien requests, unless otherwise
famous for the international treaty, which the Czech Republic is bound.
section 70a
(1) the appropriate prison inform without delay should be about
and) taking the accused into custody,
(b)) change the reasons binding
(c)) decision, custody
(d)) decision to release from custody of the accused,
(e) the indication of the statutory offences), for which the accused is prosecuted, or
about change,
(f) the name, surname and) at defense lawyer who is representing the accused,
g) personal data spoluobviněného, if it is in custody,
h) referral to another authority of the law in criminal proceedings,
I) indictment, the application for approval of the agreement on the guilt and punishment or
a final decision on the referral back to the Prosecutor for investigation.
(2) the notification referred to in paragraph 1, the authority in criminal proceedings,
who leads the proceedings at a time when there was the fact that needs to be
notify the prison; referral back to the Prosecutor for investigation Announces
the Court at first instance, such a decision made.
The duration of the binding
§ 71
Review of the duration of the reasons binding
(1) the authorities responsible for criminal proceedings are obliged to continuously examine whether
the reasons for custody persist or for the accused have not changed and that it cannot be
link to replace any of the measures referred to in section 73 and 73a. Shall take into account
also as to whether leaving the accused in custody requires
the difficulty of the case or other serious reasons for which cannot be a criminal
the prosecution of the end, and whether the release of the accused from custody were frustrated
or substantially more difficult achievement of the purpose of criminal prosecution. The judge then
in preliminary proceedings only when deciding on
and the accused) requests for release from custody,
(b) the public prosecutor on) draft decision on leaving the accused in
custody,
(c) the reasons for the change binding) when he was found a new reason, or binding
(d) a complaint against the resolution) the public prosecutor of the binding.
(2) the accused must be immediately released from custody, if the
and) terminated or
(b)) it is clear that, given to the person of the accused and of the nature and severity of the
the prosecution case will not lead to the imposition of unconditional prison sentence
freedom, and if they are not given the circumstances referred to in § 68 para. 3 and 4.
section 71a
Request for release from custody
The accused has the right at any time after the decision on custody
request for release from custody. For a request for release from custody shall be deemed
(I) proposal on the adoption of one of the accused, actions of the replacement link.
Such a request must be made without undue delay. If it was
application is rejected, the accused may, unless other reasons in it
Repeat until the expiry of 30 days after the final of the last decision,
dismissing his request for release from custody, or which
It was decided to further detention or about changing the reasons for custody.
§ 72
Deciding on the duration of other links
(1) every three months at the latest from the decision on taking into
binding or final decision on custody is in preliminary proceedings
judge to decide on the proposal of the State Prosecutor on whether to
the accused person still leaves it in custody, or whether from the binding.
Otherwise, the accused must be immediately released from custody.
(2) the proposal of the public prosecutor to release the judge's decision on the further duration
binding under paragraph 1 are to be sent to the Court not later than 15 days before the
expiry of a period of three months.
(3) the Court shall, not later than 30 days from the date on which it was filed
the indictment against an accused person who is in custody, or a proposal for approval
agreement on guilt and sentence agreed with the accused who is in custody, or
When he received the dossier on the basis of a decision to refer or
referral of the accused who is in custody, decide whether
the accused leaves remain in custody or whether he be released from custody;
otherwise, the accused must be immediately released from custody. If the Court leaves
the accused is in custody, or if the Court decides on taking the accused into custody
After the indictment or a letter of approval of the agreement on the guilt and punishment,
is obliged to follow, mutatis mutandis, in accordance with paragraph 1.
(4) If a three-month time limit for the Court's decision on the further duration
the binding ends up in the course of the proceedings on the appeal before the superior
Court, the decision to keep the accused in detention or on its
release from custody that superior court; When you submit the file
the Court, against whose decision the appeal was lodged, it shall inform the
by the end of this period.
The maximum duration of custody
§ 72a
(1) Binding may take in preliminary proceedings and in the proceedings before the Court only
as long as necessary. The total duration of custody in criminal proceedings may not
exceed
and) one year, if the criminal prosecution for the offense,
(b)) two years, if the criminal prosecution for a crime,
c) three years, if the criminal prosecution for a particularly serious crime,
(d)) for four years, if the criminal prosecution for a particularly serious crime,
for that you can according to the criminal code to save an exceptional punishment.
(2) the period referred to in paragraph 1 falls one-third of the preparatory
control and two-thirds of the proceedings before the Court. If there is no preliminary proceedings
or proceeding before the Court before the expiry of this period completed, must be
no later than the last day of the period the accused released from custody. If
the accused prosecuted for two or more offences, is to determine the
the period of decisive act strictly criminal. If the Act for which it was
prosecution, another criminal offence, and the length of binding done
already exceeds the time specified for the preparatory proceedings or proceedings before the
the Court, the accused must be immediately released from custody.
(3) the reason given in paragraph 67 (a). (b)) may take a maximum of three
of the month. If an accused person who is not in custody at the same time and from another
reason, released from custody prior to the expiry of the period referred to in the first sentence,
shall be released no later than the last day of this period. If there was a
found that the accused has already served on witnesses or spoluobviněné or
otherwise thwart investigation of facts of relevance for the prosecution [§§ 68
paragraph. 3 (b). (d))], decides to keep the accused in custody over
the time limit set in the preliminary proceedings, on a proposal from the Prosecutor, the judge
and after the indictment or a letter of approval of the agreement on the guilt and punishment
the Court.
(4) the duration of custody is calculated from the date on which the limitation of personal
the freedom of the accused. When returning things to the Prosecutor for investigation
continues to run period, which falls on the preparatory proceedings, from the date of
a file is served to the public prosecutor.
(5) the duration of the binding, which was decided in the appeal proceedings (§
265l paragraph 1. 4 and § 265o para. 2), on a complaint for violation of the law (section 275
paragraph. 3) on an application for reopening proceedings (article 282, paragraph 2, and section 287),
After the dissolution of the constitutional court sentence (section 314k (1))
or in the proceedings for enforcement of the sentence of expulsion (§ 350c (1)) shall be assessed
separately and independently on the binding in the main proceedings. The provisions of sentence
the first is used by analogy to the binding in proceedings under the law on international
judicial cooperation in criminal matters.
section 72b
If the Court declared the verdict which the accused was convicted for
a particularly serious crime to imprisonment,
It doesn't count the time from the announcement of such a binding judgment in the regulation
enforcement of the sentence of deprivation of liberty or to the lifting of the
the judgment in the total duration of custody pursuant to § 72 para. 1.
section 73
Replacing the binding guarantee, oversight, a provisional measure or promise
(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the authority may
the implementer of the custody of the accused at large to keep or release him on
freedom, if
and an Association of citizens) referred to in § 3 (1). 1, or trusted
a person able to favourably influence the behaviour of the accused, the takeover offer
guarantee for the further conduct of the accused and for the fact that the accused, at the invitation
appear before the Court, the public prosecutor or police authority and that always
advance notification of the place of stay shall depart, and the authority deciding on custody
the warranty shall be deemed given to the person of the accused and the nature of the circumstances of the
the case for reasonable and accepts it,
(b) the accused can be written) promise to lead an orderly life, in particular that
not allow any crime when asked to appear before the Court, the State
agents or police authority, always being away from prior notification
place of residence and to fulfil their obligations and respect the restrictions imposed,
and the authority deciding on custody is considered a promise given to the person of the accused and
the nature of the circumstances of the case as sufficient and take it,
(c)) with respect to the person of the accused and the nature of the present case can be
the purpose of the binding to achieve the supervision by a probation over the accused, or
(d)) at the same time decide on the imposition of one of the interim measures applied for.
(2) the Court and, in preliminary proceedings, the Prosecutor acquainted who offers
guarantee referred to in paragraph 1 (b). and) and meets the conditions for its
acceptance, with the substance of the allegations and the facts, which is perceived as beginning
the reason for the binding.
(3) the accused, which was ratified by the supervision by a probation
detention, is obliged to attend within the time limits
the probation officer, change place of residence only with his consent and
to be subject to further restrictions laid down in the operative part of the decision, that
they seek to ensure that the did not commit the crime and didn't lose no progress
the criminal proceedings.
(4) in connection with the custody of certain measures referred to in
paragraph 1, the authority shall at the same time save a crucial link to the accused person
limitation of the prohibition on travel to foreign countries. In such a
If the authority deciding on custody shall invite the accused or the person who has
the travel document of the accused with him, to ^ 10) travel document within the time limit
laid down, otherwise it will be issued to be withdrawn; on the process of the withdrawal of
travel document with section 79 shall apply mutatis mutandis. A copy of the order granting
It was decided to impose the restrictions, which ban travel to
abroad, which refers to the State of the citizen of the Czech Republic, shall send to the authority
a crucial link to the authority competent to issue a travel document;
This authority shall also inform about the issue or withdrawal of a travel document.
(5) the accused, who has been in the context of custody saved
the restrictions referred to in paragraph 4, shall have the right at any time to ask for its cancellation. About
such a request, the authority must decide on custody, without undue
delay. If the application is rejected, the accused may, unless new
reasons, repeating until after the expiry of three months from the date of acquisition of legal power
decision.
(6) the authority which decided to cancel the restrictions of prohibition
travel abroad, which refers to the State of the citizen of the United
States, it shall notify this fact without undue delay, the authority
competent to issue a travel document; This competent authority shall also notify the
the return of a travel document to the accused person.
(7) if the accused does not comply with the obligation imposed in connection with the substitution
binding some of the measures referred to in paragraph 1 and if they insist the reasons
binding, the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge
decide on custody.
section 73a
Financial security
(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the authority may
the implementer of the custody of the accused at large to keep or release him on
freedom whether or not if it accepts a composite financial security, which
amount specified by him. However, if the accused is prosecuted for the crime of murder (section 140
of the Criminal Code), a maiming (§ 145 of the criminal
Code), torture and other inhuman and cruel treatment pursuant to section 149
paragraph. 3, 4 of the Penal Code, trafficking in human beings (section 168 of the criminal
Code), robbery under § 173 paragraph. 4 of the criminal code, the taking of
the hostages pursuant to § 174 para. 3, 4 of the criminal code, rape under §
185 paragraph 2. 3, 4 of the criminal code, sexual abuse under § 187
paragraph. 3, 4 of the criminal code, the generic threat under section 272 para. 2, 3
the criminal code, the development, production and possession of prohibited combat
resources (Article 280 of the Penal Code), illegal production and other
the management of traffic in narcotic drugs and psychotropic substances and poisons under section 283
paragraph. 3, 4 of the criminal code, gaining control of air traffic
means, the civilian vessel and a fixed platform (section 290 of the criminal
Code), the introduction of air transport to foreign countries pursuant to §
292 paragraph 2. 2, 3 of the Penal Code, treason (section 309 of the criminal
Code), Subversion (section 310 of the Criminal Code),
a terrorist attack (section 311 of the Criminal Code), terror (§ 312
of the Criminal Code), sabotage (§ 314 of the Penal Code), spying
(section 316 of the Criminal Code), cooperation with the enemy (section 319 of the criminal
Code) war-betrayal (§ 320 of the Criminal Code), genocide (art. 400
of the Criminal Code), an attack against humanity (section 401 of the Criminal Code),
apartheid and discrimination of groups of people (§ 402 of the Criminal Code),
aggression (§ 405a Penal Code), the preparation of aggression (§ 406
of the Criminal Code), the contacts against the peace (article 409 of the Penal Code),
use of a forbidden martial and illegal resource warfare (section
411 of the Criminal Code), war cruelty (section 412 of the Criminal Code),
persecution of the population (Section 413 of the Penal Code), looting in the area
war operations (section 414 of the Criminal Code), abuse of internationally
recognized and public characters (§ 415 of the Criminal Code), or abuse
the flag of truce (section 416 of the Penal Code), and, if given the reason for binding
referred to in section 67 (a). (c) financial security), cannot be accepted. With the consent of
the accused may lodge a financial security and another person, must, however, be
before the adoption of the familiar with the substance of the allegations and the facts in
which is the reason for the theatre of the binding.
(2) at the request of the accused or the person who offers the composition of cash
the guarantee, the authority referred to in paragraph 1 shall decide that
and the adoption of the financial guarantees) is permissible, and at the same time taking into account the
to the person and to the wealth of the accused or the guy who for him the composition
bail offers, to the nature and gravity of the offence, for which
the accused is prosecuted, and the severity of the reasons of the binding determines the amount of bail
in the corresponding to the value of $ 10,000, the amount and the method of composition, or
(b)) due to the circumstances of the case or the seriousness of the facts
justifying the binding offer of bail does not accept.
(3) if the authority referred to in paragraph 1 shall decide that accepting cash
the guarantee is admissible, may also decide on the imposition of restrictions
consisting in the prohibition of travel abroad. For the cases referred to in the sentence
the first paragraph of section 73. 4 to 6 shall apply mutatis mutandis.
(4) the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge
Decides that the financial security it seems to state if the accused
and) flees, hiding or fails to notify a change of their stay, and so
service of the summons or other court documents, the public prosecutor or
police authority
(b)) does not appear on the culpably summons to act in criminal proceedings, which
the execution is impossible without his presence,
c) repeated crime or tries to accomplish offence
previously nedokonal or prepared or threatened to, or
(d)) avoids the performance of the sentence of imprisonment or monetary
the performance of the replacement of a penalty or imprisonment for a financial penalty.
(5) Financial guarantee shall revoke or amend the amount on a proposal from the accused
or the person who passed it, or the Court of its own motion or State
the representative, who then leads the proceedings if the reasons that
to its acceptance is based, or the circumstances applicable to the determination of the
its amount. If the decision about the cancellation of the bail or on its
accrual of State shall review at the same time, that there are no grounds for
the decision on custody, and shall carry out the necessary tasks.
(6) unless the Court decides otherwise, it takes financial security for the accused that
He was finally sentenced to imprisonment or
relative sentence, to the date on which the accused takes the performance of prison sentence
freedom, pay a fine and costs of criminal proceedings; paragraph 7
This is not affected. If the accused fails to pay a fine or costs
criminal proceedings within the prescribed period, the payment will be applied
funds from the bail.
(7) if the convicting judgment the accused ordered to replace
the injured party property damage or non-material damage in money and
damaged about it within the period prescribed therefor, financial security after
a convicted person has fulfilled his obligations referred to in paragraph 6, it shall apply to the payment of
the claim of the injured party. If the resources are not sufficient from the cash guarantees to
satisfaction of claims of all the victims, these claims will satisfy
fairly.
(8) as soon as it is possible to use to pay for the financial security of the claim
the injured party pursuant to paragraph 7, the Court shall inform the injured party.
Unless damaged on the use of financial guarantees to cover their claims
within three months from such notification, financial security returns
to the person or to the person who has passed the financial security. About how it should be
the injured party.
(9) on the reasons for which the financial security may accrue to the State, be
applied to the payment of a financial penalty or costs of criminal proceedings
or claim of the injured party, the accused must be and the person
that financial security has passed, in advance.
section 73b
The authorities deciding on custody
(1) on taking the accused into custody is decided by the Court and, in preliminary proceedings, to
the proposal of the public prosecutor, the judge. About custody of the accused is arrested under section 69
shall be decided by the judge in the proceedings before the Court; in this case, has the same
rights and obligations as the Senate and its President.
(2) on the request of the accused for release from custody by the Court, and in
the preliminary proceedings, the Prosecutor. If the Prosecutor fails to comply with a request
for release from custody, shall, not later than within five working days
from the service to submit to the decision of the judges; about this procedure shall inform the
of the accused. If the Prosecutor agrees with the release of the accused from the
binding, may, in proceedings before the Court for release from custody may decide
the President of the Senate.
(3) on the further detention of the accused by the Court and, in preliminary
on a proposal from the Prosecutor's control of the judge.
(4) about the reasons of the binding by the Court and, in preliminary proceedings, on a proposal from the
the State Attorney of the judge; passed one of the reasons the binding,
the reasons to decide the binding in the preparatory proceedings and State representative.
(5) on an application for removal of restrictions consisting in the prohibition of travel to
abroad, that the accused person was saved under § 73 para. 4 or section 73a
paragraph. 3, or for revocation of a provisional measure of the replacement link
the Court and, in preliminary proceedings, the Prosecutor.
(6) the decision by which the accused may be released from custody in the preparatory
do i control Prosecutor. In the case of exceeding the time limit for
decision on further detention under section 72 or exceeding the highest
the permissible duration of custody under section 72a shall issue to the Court, and in preparatory proceedings
magistrate only the command to release the accused from
binding.
section 73 c
Specific elements of the decision on custody
In the grounds of the decision on taking the accused into custody, or other
the decision on custody, the effect of which is to keep the accused in custody,
must be in addition to the General requirements (section 134) also listed
and) facts that justify the suspicion of a criminal offence,
for which the accused is prosecuted, b) specific facts which are
dovozovány, where appropriate, the reasons for custody, the circumstances referred to in § 68 para. 3 and 4
and section 72a para. 3,
(c)) the reasons for which it was not possible to achieve the purpose of the link with a different
measures.
section 73d
The remand session
(1) If a master version or public meeting, involving
the accused, the Court shall decide on custody and, if this is necessary due to the
the time limits laid down.
(2) if the Court decides on taking the accused into custody outside the main version
or public meeting, or if a judge decides about custody in
preliminary proceedings, always in the "custody is decided by the meeting.
(3) in cases other than those referred to in paragraphs 1 and 2 shall be decided in
binding session, if the accused expressly asks for it, or the Court, and
in the preliminary proceedings, the judge considers the personal hearing the accused for
required for the purposes of a decision on custody. The remand session is not necessary to
take place, even if his holding of the accused expressly asked if
and accused him) declined to participate,
(b)), the accused was heard to detention in the last six weeks, did not advance
No new circumstances relevant for the decision on custody or placed
circumstances clearly cannot lead to a change in the decision on custody
(c) the State of health of the accused does not allow) the interrogation, or
(d) the accused shall be released from) binding.
section 73e
Preparation of the meetings of the
(1) the President of the Chamber and the pre-trial judge shall summon or have
show off to the custodial meeting the accused and shall inform him of the State
a representative and advocate. If you decide on custody of the detainee or prisoner
the accused, the defence counsel shall be informed if it is within 24 hours, in which
must be made at the latest on custody, can be easily accessed.
(2) the period of the venue of meeting, the President of the Chamber, and in
pre-trial judge to the Prosecutor and the defence counsel had
the opportunity to participate in the meeting and mating of compliance with time limits laid down
for the decision on custody.
§ 73f
The presence of persons in custody meeting
(1) Coupling meetings are held in the proceedings before the Court for a permanent presence
all members of the Senate.
(2) the meeting shall always participate in the pre-trial detention the accused; his participation may be
ensured by means of videoconferencing equipment. Participation of the State
a representative and advocate when binding meeting is not necessary.
(3) the remand session takes place without the participation of the public.
§ 73 g
The progress of the meeting
(1) after the commencement of the meeting the Chairman shall report to the Senate or the designated
Member of the Chamber and the pre-trial judge's report on the State of things. Then
Depending on the nature of the matter raised by a proposal from the Prosecutor or the request for
release from custody the accused or his defense attorney.
(2) the Prosecutor, the accused and his defence counsel make their observations and
proposals to carry out the investigation required for a decision on custody.
If any of those persons present and if its observations and
the proposals contained in the file, or if so requested by it, the Chairman shall refer their contents
President of the Chamber, or by a member of the Senate, and in preparatory proceedings
judge. Subsequently, the President of the Chamber and the pre-trial judge shall hear the
the accused all circumstances significant for the decision on custody. State
a representative and advocate may put questions to the accused person, but only
to the President of the Chamber and the pre-trial judge shall grant the word.
(3) if in the meeting carried out by evidence shall be reasonably
the provisions on the taking of evidence in the trial; restrictions in the taking of evidence
reading Protocol on the testimony of a witness or expert (§ 211, paragraphs 1 and 5)
does not apply.
(4) at the conclusion of the meeting the President of the Senate, and in preparatory proceedings
the judge shall grant the word to the final proposals to the State Prosecutor, a lawyer and
the accused person.
(5) the decision shall always be published in the "custody of the meeting.
(6) the provisions of § 55b, 56 and 57 shall be used also on remand meeting.
§ 74
A complaint against the decision on custody
(1) the decision on custody (§ 68, 69, 71, 71a, 72a, § 72 para. 3, §
73 and 73a) is admissible a complaint. The decision on the complaint against
the binding decision will apply mutatis mutandis the provisions of binding (section meeting
73D up to 73 g).
(2) a suspensory effect only has a complaint against the decision to the parties
accrual of cash guarantees of the State Prosecutor and a complaint against the
the decision to release the accused from custody, unless the release of
After the publication of zprošťujícího-binding judgment. Nevertheless, where the Prosecutor
present at the announcement of the decision, his complaint has suspensive effect only
If it was made immediately after the announcement of the decision.
(3) if the Court decides on the basis of the complaints about the cancellation of the decision on withdrawal
the accused into custody or the custody of another [section 149 (1) (a).
(b))], may return to the reconsideration and the decision only because of the
serious defects of the decision. In this case, the accused must be
promptly released from custody.
section 74a
Limitations of the accused in prison
(1) If a criminal prosecution against the accused in prison
deprivation of liberty and, if any of the reasons binding pursuant to section 67, decides
on the reasons, content and duration of the necessary restrictions against him
be applied, the Court and, in preliminary proceedings, the judge, upon a proposal of the public prosecutor.
(2) restrictions imposed must not be more severe than those which would otherwise be
the accused is subjected to in custody.
(3) on making a decision about the limitations, their duration and on applications for annulment
restrictions will apply mutatis mutandis the provisions of § 68 para. 1, § 71, 71a, 72, 72a
and 74. Against the decision referred to in paragraph 1 shall be admissible complaint.
The provisions on the binding of a meeting shall not apply.
SECTION TWO
The detention
§ 75
The detention of the accused to the police authority
If any of the reasons given is binding (section 67), can the police authority
accused. It is, however, obliged to apprehension to
representatives of the report without delay and hand him a copy of the log that wrote
during detention, and other material that the Prosecutor needs to
or he could submit an application for custody. The petition must be filed,
that the accused could be within 48 hours of detention
the Court must be released.
§ 76
The detention of a person suspected
(1) a person suspected of committing an offence may, if there is any
for reasons of binding (section 67), the police authority to detain in urgent cases,
Although not yet against her was not prosecution (section 160 (1)).
The detention order is required the prior consent of the Prosecutor. Without
such consent can be performed only if the retention thing does not tolerate
delay and consent cannot be obtained in advance, especially if the person was
caught crime or found on the run.
(2) the personal liberty of a person who was caught in the crime or the
immediately thereafter, the limit, if it is necessary to determine the
its identity, to prevent his escape or to secure evidence. However, it is
obliged to pass this person as soon as the police authority; a national of a
the armed forces may also pass to the nearest unit of the armed forces or
crew Manager. If you cannot immediately pass to such person, you need to
one of these organs limitation of personal freedom without delay
announce.
(3) a police authority, which carried out the arrest, the detained person shall be heard
and on the hearing of the report in which marks the place, time and more
the circumstances of the arrest and shall indicate the personal data of the detained persons, as well as
the essential reasons for detention.
(4) the police authority which carried out the detention or under
paragraph 2 is handed over to the person I? in the criminal act, it shall be released
without delay to freedom in the event that suspicion scattered or
the reasons for detention of the other causes of dropping out. If the detained person was not
free passes to the prosecutor about the interrogation Protocol with
preparation of the resolution on the initiation of criminal prosecution and other evidentiary
material so that prosecutors could, if appropriate, submit a proposal to the taking
into custody. The proposal shall submit without delay to the police authority that the person
the apprehended under this Act may be committed to a court no later than 48
hours from the apprehension; otherwise it must be released.
(5) the provisions of § 33 para. 1, 5 and 6, section 91, 92, 93 and 95 should be
reasonably ensured even if the person arrested is questioned at the time,
When it was not yet against prosecution (para. 160).
(6) the person arrested has the right to choose a defence counsel, to talk with him without
the presence of a third person and consult with him during the detention; It also has
the right to request that the defence counsel was present during her interrogation by
paragraph 3, unless defence counsel within the time limit referred to in paragraph 4
unreachable. Of those rights is to be suspicious and
give him the full possibility of their application.
section 76a
The order for the detention of the
(1) if any of the grounds given binding and if a person suspected of
committing a crime to deliver a copy of the resolution on the initiation of criminal
prosecution and that person cannot call, show off or without delay
withhold the issue on a proposal from the Prosecutor's statement to her
the detention.
(2) an order for the detention must in addition to the data to ensure that the person who has
be detained, not be confused with another person, include the exact description
the reasons for which it is issued. Shall be annexed to a copy of the resolution on the initiation of the
a criminal prosecution.
(3) Detention shall be carried out on the basis of the police authorities, which are
must also, if necessary, to track down the suspect's residence.
(4) the police authority that a suspicious person on the basis of the withheld
is required to deliver a copy of the resolution to it without delay to initiate criminal
the prosecution, to hear it, and with the Protocol on the questioning and other
evidence to pass to the Prosecutor to the Prosecutor
could, where appropriate, submit a proposal to its custody to 48 hours from the
the apprehension; otherwise, such a person must be released.
(5) the judge to whom the detainee delivered, proceed
mutatis mutandis in accordance with § 77 para. 2.
§ 77
The decision on the detained person
(1) if the State Prosecutor Ordered the release of the detainees on the basis of
the materials he received, where appropriate, after hearing it again is obliged to
deliver it within 48 hours of detention to the Court with a proposal on taking into
binding. The draft has not yet obtained evidence connects.
(2) the judge is obliged to hear the detained person (paragraph 1) and to the 24
hours of service of the public prosecutor to decide on its
release or decide that taking her into custody. About the time and
the venue of questioning in an appropriate manner, without delay, notify the selected
or appointed defence counsel, if one is reached, and of his participation retained
the person asked, and the Prosecutor. The defense attorney and the Prosecutor may
present and ask the person questions, but withheld until
to them, the judge shall grant the word. Exceeding 24 hours from the time of delivery
the proposal of the State Prosecutor for custody is always the reason behind the decision to
the release of the accused.
THE THIRD SECTION
A ban on travel abroad
§ 77a
(1) If a criminal prosecution for an intentional criminal offence, to which the
the law stipulates a prison sentence whose upper limit exceeds two
for years, or for an offence committed through negligence, for which the law
stipulates a prison sentence whose upper limit exceeds three years, the
the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge
Save the limitations inherent in banning travel abroad, if this is
necessary for the purpose of criminal proceedings. Against this decision
the complaint is admissible.
(2) if the accused person saved the restrictions referred to in paragraph 1, the President of the
the Chamber and the pre-trial judge shall invite the accused or the person who has
the travel document of the accused with him, to ^ 10) travel document within the time limit
laid down, otherwise it will be issued to be withdrawn; on the process of the withdrawal of
travel document with section 79 shall apply mutatis mutandis.
(3) a copy of the resolution referred to in paragraph 1, if a citizen of the United State
Republic, President of the Chamber shall forward the pre-trial judge and authority
competent to issue a travel document; This authority shall also notify the
the issue or withdrawal of a travel document.
(4) the limits of the ban on travel abroad by
paragraph 1, the President of the Chamber, and in preliminary proceedings, the Prosecutor shall revoke
without an application have ceased to apply to the reasons for its imposition. The accused, which
the restriction was imposed in accordance with paragraph 1, shall have the right at any time to request its
the cancellation. Of such requests the President of the Senate, and in preparatory proceedings
the public prosecutor decide without undue delay. Against this
the decision is admissible a complaint. If the application is rejected, it may be
the accused, unless new reasons, repeating until after the expiration of three months from the
the legal force of the decision.
(5) the President of the Senate and in preliminary proceedings, the Prosecutor shall notify without
undue delay, the authority competent to issue a travel document for the
the lifting of restrictions which prohibit travel abroad, which
refers to the State of the citizen of the United States; This competent authority shall also notify the
the return of a travel document to the accused person.
(6) the important reasons may the President of the Senate, and in preparatory proceedings
the State Prosecutor on specifically defined period of time to allow travel to
abroad, in particular for the purpose of the mission.
SECTION FOUR
Ensuring things
§ 78
Obligation to issue
(1) who has a material thing important for criminal procedure, is obliged to
submit it to the Court, the public prosecutor or the police
authority; If it has to be for the purpose of criminal proceedings, is obliged to
thing when asked those authorities to issue. If prompted, you must notify the
that does not comply with the invitation, he may be the thing taken away, as well as to other
the consequences of failure (section 66).
(2) the obligation referred to in paragraph 1 shall not apply to the Charter, the content of which is
refers to the circumstances, of which the prohibition of interrogation, unless there has been a waiver
the obligation to maintain secrecy or to waiver
confidentiality agreement (para. 99).
(3) calling for the release of things is entitled to President of the Senate, in the preparatory
the management of the public prosecutor or police authority.
(4) if the released material thing with which they are associated rights that need to be
to ensure the procedure is reasonably in their collateral under § .79e.
(5) a person who, not of material thing for ensuring such
thing transferred to another person or to encumber it. Legal action taken in
violation of this prohibition is null and void; the Court of invalidity shall take into account without
the proposal. About how you need to teach this person.
(6) the Body active in criminal proceedings referred to in paragraph 3 saves the person
that a material thing that he released in the time limit laid down by it, said if and
who has the stuff of first refusal or other right or whether it is another
way restricted exercise of the right to dispose of it, with a warning of the consequences of
non-compliance of such invitation within the time limit (section 66); about the physical
things then shall inform the persons and bodies, of which it becomes aware, that they have to
such things or other right of first refusal or lead management, in which it was
limited by the exercise of the right to dispose of it. To ensure things further without delay
inform the authority, which under other legislation keeps records
such things.
(7) how to manage secured by tangible things, lays down specific legal
prescription.
(8) paragraphs 4 to 7 shall not apply to material things, that authority
criminal proceedings took into custody only for the purpose of the taking of evidence.
§ 79
The withdrawal of the case
(1) if the tangible thing important for criminal proceedings issued on request
the one who has it on him, he may be on the command of the President of the Senate and in the
preliminary proceedings at the behest of the public prosecutor or police authority
withdrawn. Police authority needs to issue such an order the previous
the consent of the Attorney General.
(2) if the authority fails to make that command to the things he published, the withdrawal of the material
case itself, performs on the basis of the police's authority.
(3) without the prior consent referred to in paragraph 1 may be a command
the police authority is issued only if the prior consent cannot be
achieve and the matter urgent.
(4) withdrawal of material things, according to the possibility of requiring a person who is not on the
the case involved.
(5) the Protocol on the issue and withdrawal of material things must also contain
a sufficiently detailed description of the issued or withdrawal of a case that would allow to determine
her identity.
(6) a person who the material thing or has issued a tangible thing taken away,
the authority that carried out the operation, written confirmation of receipt of the case
or a copy of the letter of the Protocol, and that the released or are removed from
the material thing may not transfer to someone else or to encumber it, taking
legal proceedings made in contravention of this prohibition is null and void.
(7) are removed from the material thing that not prosecuting authority
proceedings taken into custody for the purpose of the taking of evidence, shall be
used section 78 para. 4 to 8.
Section 79a
Ensuring of funds on account with a bank
(1) if the facts Indicate that the funds on the
account with the Bank are intended to commit a crime or to its
having committed were used or are the proceeds of crime, the President may
the Senate, and in preliminary proceedings, the public prosecutor or police authority
decide to ensure the funds on your account and, where appropriate,
additional funds received on the account, if the reason for the
ensure to them, including their accessories. The police authority to
such a decision requires the prior approval of the public prosecutor.
The prior consent of the public prosecutor, there is no need in urgent
the cases will be dealt with. The police authority is in this case
shall, within 48 hours to present its decision to the Prosecutor, who, with
it either consent or is cancelled.
(2) the decision referred to in paragraph 1 shall be delivered to the Bank, which leads
account, and after the Bank has carried out, and to ensure the account holder. In
the decision shall indicate the account number and the amount of cash in the relevant currency, at the
you will ensure the subject. Ensure applies to cash
resources that were on the account at the time in which it was delivered to the Bank
the decision, up to the amount specified in the decision on the provision and its
accessories. Exceeds the amount referred to in the decision of the balance
of funds on the account, will ensure even on cash
resources, which subsequently ran out of account, up to the amount listed
in the decision, including its accessories. Unless the authority
criminal proceedings referred to in paragraph 1 otherwise, disables the moment
notification of the decision, any disposition of funds that
the account are up to the level, with the exception of performance assurance
decision. Legal action taken in breach of the prohibition referred to in
the decision is invalid, and the Court shall take into account non-null
the proposal; about the account holder is required to learn. To cover the debt,
that are the subject of the exercise of judicial or administrative decision, execution
or insolvency proceedings are preferably used funds
untouched by the decision. With the funds, which are
subject to the decision to ensure, in the framework of enforcement of execution
or insolvency proceedings to dispose of only with the prior consent of the President of
the Senate, and in preparatory proceedings by the public prosecutor; This does not apply if the performance
the decision is carried out, or if it is with these funds in
enforcement or insolvency proceedings are treated to the satisfaction of the claim
State.
(3) if the collateral of funds on account for the purposes of criminal
no longer need to control or security need not be equal,
body active in criminal proceedings referred to in paragraph 1 to ensure cancels or
is limited. The police authority to such a decision needs the previous
the consent of the Attorney General. The decision on the revocation or limitation of ensuring
must be delivered to the Bank and the account holder.
(4) the owner of the account, the funds in the account have been secured, the
the right at any time to request a cancellation or limitation of collateral. On such an application,
must the Prosecutor and in the proceedings before the Court the presiding judge without delay
decide. If the application is denied, the owner of the account, unless
in her new reasons, repeating until after the expiration of thirty days from the final
decision.
(5) against the decisions referred to in paragraphs 1, 3 and 4, the complaint is admissible,
has, with regard to the abolition of collateral or its limitations, the suspensory effect.
(6) how to manage secured funds on account with a bank
provides for a special legal regulation.
§ 2
Of the reasons for which you can provide funds on account with a Bank,
You can decide to ensure the funds on the account for savings
and credit cooperatives or other entities, which lead to another account,
the blocking of funds, supplementary pension insurance with State
the contribution of the blocking of funds, supplementary pension
saving, pumping the financial credit and block block financial
rent. Otherwise be used mutatis mutandis the provisions of § 79a.
§ 79c
Book-entry securities collateral
(1) if the President of the Chamber or in preliminary proceedings the State
representative to provide book-entry securities, authority or person
authorized to the management of the relevant registration under other legislation
shall ensure the right of the owner to dispose of these book-entry securities;
This right belongs to the other authorized person, shall ensure that it is that person.
(2) in cases of urgency, that can tolerate delay, to ensure
book-entry securities may decide whether or not the police. To 48
hours is required to submit its decision to the Prosecutor, who, with
it either consent or is cancelled.
(3) in its resolution on book-entry securities collateral is the fact who
book-entry securities have been secured, it disables that after notification
the resolution of the book-entry securities transferred to someone else or is
the expense, and placed him to the Authority law enforcement
decided to provide, within 15 days from the notification of the resolution said that the who
to book-entry securities has an option to purchase or other right or whether it is
in any other way restricted by the exercise of the right to dispose of them, with a warning message on the
the consequences of non-compliance of such invitation within the time limit (section 66). Authority
in criminal proceedings, which took the collateral may, depending on the nature and
the circumstances of the offence for which he is leading the prosecution, in
the decision to provide or even in the subsequent decision to ban or
also restrict the performance of other rights related packages
book-entry securities, including rights only in the future
incurred; When they ensure progresses appropriately in accordance with § .79e. Legal
the negotiations made in violation of the prohibitions referred to in the first sentence and the second is
invalid, and the Court shall take into account to the invalidity of the motion; about is
who were the book-entry securities secured, to learn.
(4) the Body active in criminal proceedings, which took the ensuring of this
the decision shall inform the persons and bodies that are aware that they have to
secured book-entry securities or any other right of first refusal or
lead management, in which he was restricted by the exercise of the right to dispose of them.
(5) on the reasons for the decision regarding the securing of dematerialised securities, the
the procedure for making a decision on the treatment of collateral secured
book-entry securities within the enforcement of a judgment, execution or
insolvency proceedings and the cancellation or limitation of collateral shall be
the provisions of § 79a shall be used.
(6) how to manage secured by book-entry securities provides
a special law.
section 79 d
Ensure real estate
(1) if the facts Indicate that the property is intended to
Commission of an offence or a criminal offence has been taken, or is
the proceeds of crime, the President of the Senate, and in preparatory proceedings
the public prosecutor or police authority may decide to provide such
real estate. The police authority to such a decision needs the previous
the consent of the Attorney General. The prior consent of the public prosecutor is not
in urgent cases, should be that they can't be in delay. Police authority
in such a case shall, within 48 hours of their decision to submit
to the Prosecutor, who either give their consent, or is canceled.
Against a decision regarding the securing of real estate is admissible a complaint.
(2) in its resolution on security over real estate, who was the real estate
ensured, it disables the notification, so that after the resolution of the property transferred to the
another, or burdening the it or that it deliberately damaging or destroying, and
He is saved, so that the authority of the law in criminal proceedings, which took the
ensure, within 15 days from the notification of the resolution said that the who has to
an option to purchase real estate or other right or whether it is in any other way restricted
exercise of the right to dispose of it, with a warning of the consequences of non-compliance of such
the invitation within the time limit (section 66). Legal action taken in violation of
the ban is invalid, and the Court shall take into account non-null
the proposal; about how it should be, to whom the property was ensured, to learn.
A copy of the resolution to ensure it shall send the authority referred to in paragraph 1 to the competent
the cadastral authority and at the same time it prompts, so that, if it finds that it is the
guaranteed real estate and usage in a way that threatens to thwart or impede
the purpose of the latter, he announced without delay. State
the representative of the competent authority will send a copy of the decision on the cadastral
seizure of property referred to in paragraph 1.
(3) the President of the Senate and in preliminary proceedings, the Prosecutor or with his
the consent of the police authority shall, if necessary, inspection
property and its accessories; about the time and place of inspection, shall inform the
It was provided, or a person who lives with him in the
a common household, and also the person that is known to the real estate
rights. The one to whom the property was provided, or a person living with him in the
common household and person is known to have on real estate
the law, they are required to explore the property and its accessories
allow.
(4) the Body active in criminal proceedings, which took the ensuring of this
the decision shall inform the persons and bodies that are aware that they have to
real estate secured an option to purchase, lease or other right or lead
a procedure in which he was limited by the exercise of the right to dispose of it; further about him
shall inform the tax authority and the local authority in whose area the secured
the property is situated. If the decision of the President of the Chamber, to secure a property
a final resolution on ensuring the property shall be posted on the official notice board
the Court, in preliminary proceedings, the Commission shall publish in an appropriate fashion to the competent
the Prosecutor's Office. On the legal force of this resolution shall inform the
body active in criminal proceedings, which took the guarantee referred to in paragraph
1, the appropriate land registry office.
(5) the registration of the ownership or other rights in the secured property in
the basis of a legal act by which the one to whom the property was ensured,
disposes of the property, the land may be appropriate after notification
the authority referred to in paragraph 2 only with the prior consent of the authority which
decided to provide pursuant to paragraph 1. If according to the land registry law
an application for registration of rights to real estate in the land register on
the basis of the legal action, which one is the real estate
ensured, disposes of the property, before issuing a resolution on the
providing the there was a competent authority of RES
decided, loses its legal effects of the proposal submitted at the date of acquisition of legal
can a resolution on its collateral.
(6) the rights of third parties to secured property can be brought according to the
a special legal regulation. Real estate can be assured within the
enforcement of a judgment, execution or insolvency proceedings are handled after
prior consent of the pre-trial judge and the public prosecutor; It
does not apply, if the enforcement is carried out or if it is with such
real estate in enforcement or insolvency proceedings and usage to meet
the claims of the State.
(7) if the collateral of real estate for the purpose of criminal proceedings is no longer
necessary or are not required to secure a property in the specified range,
body active in criminal proceedings referred to in paragraph 1 to ensure cancels or
is limited. The police authority to such a decision needs the previous
the consent of the Attorney General. The decision on the revocation or limitation
ensure the complaint is admissible, which shall have suspensive effect.
(8) a person to whom the property was ensured, has the right at any time to apply for
cancellation or limitation of collateral. Such application shall state the representative and
in the proceedings before the Court the President of the Senate shall immediately make a decision. If it was
application is rejected, you may be given repeatedly, if the new
the reasons until after the expiration of 30 days from the decision. Against this
the decision is admissible a complaint.
(9) the procedure for managing the real estate secured lays down specific legal
prescription.
§ .79e
Ensure the intangible things
(1) where revision of the established facts, whereas the other intangible thing, than
that is mentioned in section 78 to 79c, is intended to commit a crime
or to the criminal offence was taken, or is the proceeds of crime,
the President of the Senate and in preliminary proceedings, the Prosecutor or
Police Authority may decide to provide such intangible things. Police
authority for such a decision needs the prior consent of the State
representative. The prior consent of the Prosecutor need not be in
urgent cases that they can't be in delay. The police authority is in
such a case shall, within 48 hours of its decision to submit a
the representatives, who either give their consent, or is canceled. Against the
a decision regarding the securing of intangible things is admissible a complaint.
(2) in its resolution on ensuring the intangible things, who was the intangible
thing assured disables her after the notification of the resolution transferred to another
or the expense. If it is necessary for the purposes of ensuring, in the resolution of
to provide the intangible things, or even in an additional resolution to prohibit or
also restrict the performance of other rights associated with intangible
things, including rights only in the hereafter. Legal act
made in violation of the prohibitions referred to in the first sentence and the second is
invalid, and the Court shall take into account to the invalidity of the motion; about is
Maybe it was the intangible thing, learn.
(3) whoever was intangible thing provided will be referred to the authority
law enforcement officials, who decided to provide, within 15 days from the
the notice said that the resolution and the intangible things, who has an option to purchase or
other right or whether it is in any other way restricted by the exercise of the right to dispose of it,
and if it was to ensure the right of property, also who is the person liable
provide adequate performance, with a warning of the consequences of non-compliance of
such invitation within the time limit (section 66). In the resolution, the one who was
the intangible thing, also to ensure prompt release of all documents whose
the submission is required to redeem a particular secured rights to intangible
things, pointing out the consequences of non-compliance of such challenge within the prescribed
time limit (section 66 and 79). These instruments are sepíší and folds into custody authority
law enforcement agency that decided.
(4) the Body active in criminal proceedings, which took the ensuring of this
the decision shall inform the persons and bodies that are aware that they have to
intangible things secured an option to purchase or other right or lead management, in
which limit the exercise of the right to dispose of it. Resolution on ensuring
shall also notify the person who has to provide adequate performance, and saves him,
to provide the subject of performance into its custody or to other designated by it
instead. The composition of the subject of performance for safekeeping or to other designated place
the debtor their commitment in the range of the service provided. Resolution on the
ensure the intangible things, the debtor shall be notified before whoever was
intangible thing to ensure, if the debtor is unknown. Resolution on ensuring market share
in the business Corporation also shall be notified of the business corporation.
(5) the Body active in criminal proceedings, which took the ensuring of this
the decision shall inform the authority without delay, which according to other legal
law keeps records of intangible things that was assured, and at the same time
It asks that, if it finds that is assured non-material things
handled in a way that threatens to jeopardise the purpose of nullifying or ensure him
This fact without delay, he said.
(6) if the transfer or the establishment of a secured rights to intangible things
required to write to the registers kept under special legislation, can be
After the completion of the notification referred to in paragraph 4, such registration only with
the prior consent of the authority which the guarantee referred to in paragraph 1
decided to. With assured non-material things can be in the context of the enforcement of decisions,
execution or insolvency proceedings are handled after previous agreement
the President of the Senate and in preliminary proceedings the State Prosecutor; This does not apply,
If the enforcement is carried out or if it is with such intangible things in
enforcement or insolvency proceedings are treated to the satisfaction of the claim
State.
(7) the rights of third parties to secured intangible things can be brought according to the
a special legal regulation.
(8) The revocation or limitation of ensuring the intangible things used shall apply mutatis mutandis to section
79 d of paragraph 1. 7 and 8.
(9) how to manage intangible things secured lays down specific legal
prescription.
section 79e
Ensure the replacement values
(1) If you cannot reach the issue or withdrawal of a case (section 78 and 79), or
impossible to ensure the funds on the account (§ 79a and 2), book-entry
Securities (section 79c), real estate (section 79 d) or intangible thing (§ .79e)
which are intended for committing a crime or a criminal offence have been
used, or are the proceeds of criminal activity, it may be instead
guaranteed replacement value, which corresponds to, even if only in part, their
the value; in doing so, proceed by analogy with the relevant provisions of the
governing their release, withdrawal or seizure (section 78 to .79e).
(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor
allow the person to whom the proposal was assured, the implementation of replacement value
the Act, which applies to secured the replacement values. Against such a
the decision is admissible a complaint which shall have suspensive effect.
§ 79 grams
The reason of ensuring things can change in the course of criminal proceedings, the decision
against which the complaint is admissible.
Management of return and other things
§ 80
(1) if it is not a matter which was referred to in § 78 issued under section 79 or withdrawn,
for further proceedings to be had and does not come into consideration its forfeiture or
prevents the return to the person who issued it or who was withdrawn. If, on the
it applies the right person other issues to which the law on the matter is not
no doubt. When in doubt, the thing stores into custody and the person on the
the matter shall be entitled to notify that it applied in the proceedings
civil. If the person who has the thing right, it
a recurring challenge of the cheque, the thing sold and the amount drawn down for it
is placed in the custody of the Court. The sale is to be used, mutatis mutandis, the provisions of the
judicial sale of seized movable assets.
(2) if there is a risk that the thing that could not be returned or released
referred to in paragraph 1, the spoils, it sells and the amount drawn down for it is saved in the
custody of the Court. The sale is to be used, mutatis mutandis, of the provisions concerning the judicial sale
seized movable assets.
(3) the decisions referred to in paragraphs 1 and 2 shall be the President of the Senate, in the preparatory
the management of the public prosecutor or police authority. The decision on the return of the
and the release of things, as well as imposing a deposit, is admissible a complaint that
shall have suspensive effect.
§ 81
(1) where the accused was released or repatriated from the thing that you won
or is likely to get a criminal offence and is not known to either the thing
belongs to, or stay is not known publicly, will announce the description of things.
Publication shall be made in the manner most conducive to the discovery of the injured party, and
This, together with the invitation to the damaged signed up within six months of
publication.
(2) if within the time limit referred to in paragraph 1 shall be entitled to a thing someone else
than the accused, proceed in accordance with § 80 para. 1. If a claim for thing
No one else has refrained, the thing, if he or she has to risk
Doom has already sold, the amount it had been withheld at his request, the accused person if
It is not a thing you gained a criminal act. If it is a thing
the accused received a criminal offence, or if the accused did not ask for a refund
Affairs and the right to a thing someone else has not exercised within six months after the
expiry of the period referred to in paragraph 1, second sentence, it seems the thing to
owned by the State; This does not prejudice the right of the owner to demand such
of the case or the release of the amounts charged for its sale.
(3) if it is a worthless thing, it can destroy even without prior publication of a
the description.
(4) the measures and decisions referred to in paragraphs 1 to 3 shall be the President of the
the Senate, and in preliminary proceedings, the public prosecutor or police authority.
Against the resolution on the issue of the case or of the destruction of things is admissible a complaint,
which shall have suspensive effect.
section 81a
On how to recover the funds in the account, book-entry
securities, real estate and other intangible things that were
provided in accordance with § 79a to .79e and handling, as well as on the
How to undo the replacement values, which was provided under section 79e,
and the handling of her will, mutatis mutandis, to section 80 and 81.
§ op.81B
(1) if the issued or revoked thing that endangers the safety of humans or
property, in particular narcotic, psychotropic substance, product containing
a narcotic or psychotropic substance, precursor, poison or radioactive
the material from which it was derived, an adequate sample, and that sort of thing is no longer
should be for the purpose of the taking of evidence, especially if there are doubts as to the
the identity of the sample things and its a whole and on the total quantities of things may
the President of the Senate and in preliminary proceedings, the Prosecutor may decide to
its destruction in the course of criminal proceedings, if such things already
There is no need for further proceedings and if you cannot return it under section 80, or not
known, to whom such a thing belongs to, or is not known to stay broken.
(2) if it was issued or withdrawn specimen plant or animal,
the regulated product or of seal fur, or other individual, which can be
to detain for the purposes of their confiscation in accordance with the law on trafficking in
endangered species, especially protected species or individual plants or
animal or wild bird, that can be removed according to the law on
nature and landscape protection, and if it is not necessary for evidential purposes and
If you cannot return it under section 80, the body active in criminal proceedings, which
they have been issued, or that issued the command to their withdrawal, it is remitted to the United
inspection of the environment and ensures that they pass inspection, if
It has not taken place; This is to ensure that closed.
(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
THE FIFTH SECTION
Household and personal tour, a tour of other premises and land access
in dwelling, other premises and land
§ 82
The reasons for house searches and personal tours and tours of other premises
and land
(1) the search warrant may be executed, if there is reason to suspect that in the apartment
or in another confined space for housing or on the premises to them
belonging (dwelling) is a thing or person important for criminal proceedings.
(2) for the reasons referred to in paragraph 1 may be executed and a tour of the area
nesloužících for living (other area) and land, if not publicly
accessible.
(3) personal tour can be done, if there is reason to suspect that someone has
the important thing for criminal proceedings.
(4) the person detained, and for the person who was arrested or taken
into custody, personal tour can be done even if there is suspicion,
He has a gun or some other thing which could endanger the life or
the health of your own or someone else's.
section 83
Command search warrant
(1) order the search warrant is entitled to the President of the Senate, and in
on the proposal of the preliminary proceedings, the Prosecutor, the judge. In urgent
cases can instead of a competent President of the Chamber or a judge (para.
18) make a President of the Chamber or a judge, whose jurisdiction to be a tour
enforced. Command search warrant must be issued in writing and shall be
justified. The person shall, in respect of which the tour takes place during the inspection, and
If this is not possible, no later than 24 hours after the disappearance of obstacles, which
preventing delivery.
(2) The President of the command of the Chamber or a judge executes search warrant
the police authority.
§ 83a
Search warrant other premises and land
(1) of the regulation and the other premises and plots
Similarly, § 83 para. used 1 and 2.
(2) without the police authority can carry out other space
or land, if the issue cannot be achieved and the thing
does not tolerate delay. The police, however, is obliged to immediately
Additionally seek the agreement of the authority authorized to issue the order; in
preliminary proceedings through the public prosecutor does. If
the competent authorities shall not grant any additional consent, cannot be the result of guided tours
use in other proceedings as evidence.
(3) without the police authority can carry out other space
or land even if the user of the affected premises and land
declares in writing that the tour agrees, and its declaration passes
the police authority. This Act, however, the police authority must, without delay,
notify the President of the Senate authorized to issue the order and in the preparatory
control of the public prosecutor.
section 83b
The order for the personal search
(1) order a personal tour is entitled to President of the Senate and in the preparatory
the management of the public prosecutor or police authority with his consent.
(2) fails to make a personal inspection of the body that ordered it, it executes the
his statement to the police.
(3) personal tour always of the same sex shall be exercised by the person.
(4) No order or consent referred to in paragraph 1, the police
authority to exercise personal inspection only if the command or
consent in advance cannot be achieved and the matter urgent, or if
as for the person přistiženou in the Act, or of the person to whom it was issued
the order to arrest. Without a command, or you can also make personal consent
tour in the cases referred to in § 82 para. 4.
§ 83 c
Entry to dwellings, other premises and land
(1) a police authority may enter the dwelling or other premises or at
land only if the thing does not tolerate delay and input there is necessary
for the protection of life or health or for the protection of other rights and
freedoms or to avert a serious threat to public security and
all right.
(2) a police authority may, at the places referred to in paragraph 1 enter
the case that a person in them,
and for which he was issued) command to detention, arrest or command to the command
to delivery to imprisonment or to the performance of the protective
measures involving deprivation of liberty,
(b)) to be showcased for the purposes of criminal proceedings, or
(c)) to be detained.
(3) after entering the space above must not be made to any other
such acts, which are used to remove the urgent danger or to
demonstration of the people.
§ 84
The previous interrogation
To execute a search warrant or a personal tour or a tour of the other
space and land can be only after the previous questioning, to whom or on
com to do such an Act, and that's only if the hearing
has not yet reached even the voluntary release of search things or delete another
the reason that led to this operation. The previous interrogation is not necessary
If the thing does not tolerate delay, and interrogation cannot be performed immediately.
Performance tours and entrances to homes, other premises and land
§ 85
the title launched
(1) the Authority executing the search warrant or explore other spaces
is obliged to allow the person which such an act takes place, or any
an adult member of her household, or in the case of inspection of other premises
its employees also participate in the tour. On the right of participation in
the search warrant is obliged to instruct these persons.
(2) for the performance of the domestic and personal tours it is necessary to put the person who
is not involved in the case. Authority responsible for the inspection proves its
permissions.
(3) the inspection should also be noted that compliance with the
the provisions of the previous questioning, where appropriate, indicate the reasons why the
has not been complied with. If, on inspection, to the issue or withdrawal of the case, it is
should be examined also in the protocol information provided in § 79 paragraph 2. 5.
(4) the person with whom the inspection carried out, the authority that such
the act done, immediately, and if this is not possible, within 24 hours after
written confirmation of the result of the Act, as well as about taking things that were
in doing so, issued or withdrawn, or a copy of the log.
(5) upon entry into dwellings, other premises and land provisions shall be
paragraphs 1 to 4 apply mutatis mutandis. The participation of the persons referred to in paragraph 1 when the input
However, homes can be denied and the person referred to in paragraph 2, nepřibrat,
When could endanger her life or health.
§ 85a
(1) the person, in which the dwelling is to be performed, a tour of the other
space and land, a personal tour or entry into private homes, is required to
These acts.
(2) does not allow to the person against whom the Act aims referred to in paragraph 1,
such an Act, are the bodies carrying out the Act entitled to after
previous fruitless challenge to overcome the resistance of such a person, or created
the obstacle. About will make the entry in the log (section 85 (3)).
section 85b
the title launched
(1) when carrying out house searches or examinations of other premises, in
which the lawyer performs legal profession, if there may be documents,
that contain fact, covered by the obligation of professional secrecy
the lawyer, is the authority conducting the Act obliged to request assistance in the Czech
Bar Association (hereinafter referred to as the "Chamber"); the authority conducting the operation is
entitled to acquaint themselves with the contents of these documents only in the presence and with the
representative of the Chamber of Commerce, which the President of the Chamber shall appoint, from among the
its employees or from the ranks of lawyers. The opinion of the representative of the Chamber of Commerce is
should be stated in the Protocol pursuant to § 85 para. 3.
(2) If a representative of the Chamber of consent under paragraph 1 must
be an instrument for the participation of the authority in carrying out the action, a lawyer and representative of the
The Chamber secured so that no one could have with their content,
where appropriate, is to destroy or damage; immediately thereafter must be
the Charter passed by the Chamber. The Chamber returns the lawyer
without delay after the vain expiry of the period for filing the proposal referred to in paragraph
5. the Chamber shall proceed mutatis mutandis, if the proposal was rejected, and even on the
some of the instruments; in this case, the Chamber returns to the lawyer only you
of the Charter, which refers to the rejection of the application. The Chamber returns to the lawyer
of the Charter without delay whether or not after he was informed of the procedure referred to in
of paragraph 6.
(3) in the case referred to in paragraph 2, the first sentence can be the consent of the representative of the
Replace the Chamber design authority, which the House tour or tour
other space ordered by decision of a judge of the superior court, the closest
in which the President of the Senate acts or the judge who is authorized under section
83 para. 1 and § 83a para. 1 order the House tour or tour
the other premises. In the case of inspection of other premises made by the police
authority pursuant to § 83a para. 2 or 3 serves a proposal under the first sentence
the President of the Senate authorized to issue the order and in preliminary proceedings the State
representative.
(4) the proposal must, in addition to the General requirements (section 59 (4)) contain
the marking of an instrument in respect of which the applicant seeks replacement
the consent of the representative of the Comoros to familiarize yourself with their content, and presentation
facts showing why the Chamber of representatives to the opposition
Overview of the authority performing the Act with the content of these documents is to be
replaced by decision of a judge referred to in paragraph 3. The proposal should be
join the Protocol, in which is recorded the opposition of representative Chamber with
to the authority conducting the operation containing documents.
(5) the proposal must be made within 15 days from the date on which the representative of Chamber of Commerce refused to
give consent to familiarize yourself with the contents of the documents in respect of which the
the applicant under paragraph 4 seeks to replace the consent of the representative of the Chamber of Commerce
to familiarize yourself with their content.
(6) to a design that does not contain all the particulars or that is
unintelligible or indeterminate, judge; the provision of section 59 paragraph 1.
4 third and fourth sentence shall not apply. Similarly, the judge shall proceed to
the proposal filed late or if it was filed by someone who is not to design
authorized. About this procedure shall inform the claimant without delay, and judge
Chamber.
(7) if the judge had not proceeded in accordance with paragraph 6, will be resolved without undue
delay in the public meetings and the Chamber to him when it
submit a Charter, in respect of which the applicant seeks replacement
the consent of the representative of the Chamber of Commerce to become familiar with their content. The judge next to
other acts also will examine whether the security was not breached documents
submitted by the Chamber of Commerce, and get acquainted with their contents; at the same time make
measures to ensure that the applicant and nor anyone else on the content of documents in
the public session was unable to learn.
(8) If an adjournment of the public session, the judge of the Charter secures the
so that with their content no one could meet, where appropriate, is to destroy the
or damage.
(9) the judge, if there is a conclusion that the Charter does not contain
the fact that the lawyer concerned is obliged to maintain confidentiality;
otherwise, the proposal will be rejected.
(10) if the judge accepts the proposal, at least in part, it shall transmit without delay after
legal force of the Charter, resolutions for which it has been replaced with the consent of the
the representative of the Comoros to becoming familiar with their content, authority to the implementing
operation and saves him, he returned to the Chamber as soon as soon as their
the contents of the familiar; This does not apply to such of the Charter is to be used as a
evidence in criminal proceedings. Of the Charter, in respect of which the proposal was rejected,
judge returns without delay after the final resolution of the Chamber.
(11) in the case of the Charter, it is not possible to turn over authority to the implementing
Act Chamber or their representatives personally, shall no later than the first
working day following the date on which the resolution has become final,
the authority performing the Act or through judicial Chamber
the postman or the organs of the judicial guard.
(12) the Charter in paragraphs 1 to 11 shall mean the document, or both
part of it, as well as other information.
§ 85 c
Implementation of the evidence in the apartment, dwellings, other premises and on the land
The provisions of § 83, 84, 85, 83a, 85a and 85b shall be used even if the
the places referred to in these provisions you need to perform the reconstruction,
rekognici, the screening process in place or investigating the nature of such an attempt, the
the Act is clear that it cannot be made anywhere else and the one who has such a
the Act, consent to it.
THE SIXTH SECTION
Detention and opening the mail, their confusion and monitoring
§ 86
The detention of shipments
(1) if in order to clarify the facts important for criminal proceedings in
specific things necessary to determine the contents of the undelivered postal items,
other packages or telegrams, the President of the Chamber, and in the preparatory
the management of the public prosecutor, to the post office or the person performing their
carriage issued by him and in preliminary proceedings, either to the Prosecutor or
the police authority.
(2) without the regulation referred to in paragraph 1 may be a parcel delivery
withheld on the orders of the police authority, if the thing does not tolerate delay, and
Regulation cannot be achieved. The police authority is obliged to hold
shipments within 24 hours, inform the public prosecutor. If the post office does not receive or
the person performing the transport of consignments in this case within three days of the regulation
referred to in paragraph 1, shall not transport consignments further delay.
§ 87
Open consignment
(1) the consignment issued pursuant to § 86 para. 1 can only be opened by the President of the Senate
and in preliminary proceedings with the consent of the judge, the Prosecutor or
the police authority.
(2) The consignment shall deliver to the addressee, and it is not known if his stay and
If the consignment is not designed into their own hands, one of his family
Members; otherwise, the consignment returns to the sender. If, however, a concern that the
submitting the shipment could be thwarting or substantial disfigurement
the purpose of a criminal prosecution, the consignment of the file; If appropriate, the
the content of the letter or telegram to the addressee. If his stay
I know and if the consignment is not designed into their own hands, the notification
one of the members of his family.
(3) the shipment, which was not considered necessary to open, immediately
to the addressee or returned to the post office or to the person who issued it.
§ 87a
Replacement shipments
(1) in order to determine the persons involved in the loading of the consignment
containing narcotic substances, psychotropic substances, precursors, poisons,
radioactive material, counterfeit currency and counterfeit securities, firearms
or collectively effective weapons, ammunition and explosives or other thing to
whose possession is to be a special permit, things intended to commit
offence, or things from the criminal act, the President may
the Senate, and in preparatory proceedings with the consent of the judge, the State Prosecutor
order that the content has been mistaken for other such mailings and adjusted
the consignment has been passed to the next carriage.
(2) a police authority performs a Substitution, who draws up a record and
shall ensure the safekeeping of swapped goods and materials. The zaměněnými are
treated as things, odňatými.
§ 87b
Tracked shipment
(1) the Prosecutor may, in the preliminary proceedings, order delivery
which is a reason to suspect that contains the things referred to in § 87a, was
monitored, if it is necessary to clarify the offence or
revealing all of its perpetrators and determine the necessary facts to other
in a way, it would be ineffective or substantially difficult. Shipment tracking
According to the instruction of the public prosecutor of police authority; in relation to persons
which are monitored while handling the consignment does not perform any acts
pointing to the issue or withdrawal of things. Tracking progress with the
report, and if necessary also shoots video or other
record.
(2) No order under paragraph 1 may the police authority to begin tracking
the shipment, if the thing does not tolerate delay and command cannot be achieved.
About this action the State Attorney shall inform without delay and proceed further
According to his instructions.
(3) tracking police authority terminates the command State
the representative, and it is clear that the disposal of the consignment shall be incurred serious
danger to life or health, considerable damage to property, or if there is a
a serious danger that such shipment will not be able to track, even without
such an order. At the same time as needed with the end of the package tracking
take action against further holding things, which make up the content
the consignment.
§ 87 c
Common provisions
Shipment within the meaning of § 86-87 c means an article carried by any
in a way, whether with the use of mail or any other person, including transport
a concealed way.
THE SEVENTH SECTION
Interception and recording of telecommunications
§ 88
(1) If criminal proceedings for a crime for which the law provides for the
a custodial sentence of a maximum criminal at least eight years, for
the crime plots in insolvency proceedings under section 226 of the criminal
code, violation of the rules on competition rules under section
paragraph 248. 1 (b). (e)) and paragraph 2. 2-4 of the criminal code, the negotiation of benefits
When the award of the contract, when the public competition and auction, according to the
section 256 of the criminal code, the plots in the award of public contracts and
public competition pursuant to section 257 of the criminal code, the public schemes
auction under section 258 of the criminal code, the abuse of power of a public official
under section 329 of the Penal Code or for another an intentional criminal act, to
the prosecution agrees to a renowned international treaty may be issued
command to the interception and recording of telecommunications if it can be
reasonably be expected to be obtained significant fact for
criminal proceedings and if you cannot reference the purpose achieved or
If it would otherwise reach substantially difficult. Interception and recording of
Telecommunications made for the needs of all bodies active in the
criminal proceedings, police of the Czech Republic. The implementation of interception and recording
telecommunications between the advocate and the accused is not permitted.
If it finds a police authority during the interception and recording of telecommunications
the operation, that the accused and his defence counsel communicating, is obliged to record
interception and immediately destroy the information that is in this context
learn not to use in any way. Protocol for inclusion in the record of the destruction of the file.
(2) order the interception and recording of telecommunications is authorised to
the President of the Senate, and in preparatory proceedings upon a proposal of the public prosecutor
judge. Command to the interception and recording of telecommunications must
be issued in writing and shall be justified, including the specific reference to
renowned international contract in case that leads to criminal proceedings for
an intentional criminal act, whose prosecution of this international agreement commits.
In order for the interception and recording of telecommunications must be
fixed user address or device and the person of the user if the
her identity known, and time when the interception and recording of
telecommunications is carried out, which may not be longer than four
of the month; in the justification must be given for specific facts,
that release of this statement, including its duration, justify.
Command to the interception and recording of telecommunications shall immediately
deliver to the police authority. In preliminary proceedings, a copy of the statement to
interception and recording of telecommunications shall send without delay to the judge
the public prosecutor.
(3) the police authority is obliged to continuously evaluate whether to continue
There are grounds, which led to the issuing of the order to wiretap and record
of telecommunications. If reasons have ceased to apply, it shall call interception
and recording of telecommunications to terminate immediately, even before the end of
the period referred to in paragraph 2. This fact without delay, in writing, notify the
the presiding judge, that an order to wiretap and record
telecommunications and also in preliminary proceedings the State
prosecutors and judges.
(4) based on the evaluation of the present course of the wiretap and record
telecommunications can judge of a higher court, and in
on the proposal of the preliminary proceedings, the Prosecutor, the judge of the regional court
the duration of the interception and recording of telecommunications to extend,
and even repeatedly, always for a maximum period of four months.
(5) No order for the interception and recording of telecommunications may
body active in criminal proceedings to order the interception and recording of
telecommunications, or to perform it himself, if the criminal
proceedings for the crime of trafficking in human beings (section 168 of the Criminal Code),
the child to another (article 169 of the Criminal Code), limiting the
personal freedom (section 171 of the Criminal Code), extortion (article 175 of the criminal
Code), child abduction and a person in a mental disorder (§ 200
of the Criminal Code), violence against a group of inhabitants and against individuals
(§ 352 of the Penal Code), malicious threats (section 353 of the criminal
Code) or stalking (section 354 of the Penal Code),
If the user station phone tapped or something agrees.
(6) if it is to be a record of telecommunications used as evidence, it is
need to connect to the Protocol, including the data concerning the place, time, manner
and the content of the record, as well as carried out by the authority which issued the alert.
Other records of the police authority is obliged to indicate keep reliably
so, in order to ensure protection against unauthorized misuse of records, and
in the file-based log noted, where they are stored. In another
the criminal case, than the one in which the interception and recording of telecommunications
operation is executed, the record can be used as evidence if it is in this
things conducted the prosecution of an offence referred to in paragraph 1, or
with the consent of the user station phone tapped or something.
(7) if the interception and recording of telecommunications have not been
matter relevant to criminal proceedings, the police authority, after
the consent of the Court and, in preliminary proceedings, the Prosecutor shall record
immediately destroy three years after a final end of things.
If the police authority is informed of the submission of extraordinary appeal
resource in due time, will destroy the records of the interception after the decision to
an extraordinary appeal, possibly after the new final
the end of things. Protocol on the destruction of the wiretap sends police record
authority of the public prosecutor, whose decision was final
completed, and in the proceedings before the Court of first instance, the presiding judge, to
insertion on the file.
(8) the public prosecutor or police authority, whose decision was
been completed, and in the proceedings before the Court the presiding judge of the Court of
the first instance after a final end of things, nařízeném
interception and recording of telecommunications person referred to in
paragraph 2, if it is known. The information contains the designation of the Court which
issued a warrant for the interception and recording of telecommunications, the length of the
the duration of the interception and the date of its termination. Part of the information is the lesson
on the law within six months from the date of delivery of this information
The Supreme Court to review the legality of the order to wiretap and
recording of telecommunications. The President of the Senate of the Court of first instance
the information shall, without delay after a final end of things, the State
representative whose decision the matter was finally completed, immediately
After the expiry of the period for review of the decisions of the highest State
representative under section 174a and police authority, whose decision was
been completed, immediately after the expiry of the deadline for the review of its
the decision by the Prosecutor under section 174 para. 2 (a). (e)).
(9) the information referred to in paragraph 8 of the President of the Chamber, the Prosecutor or
the absence of the police authority in proceedings relating to the crime for which the law stipulates a prison
the deprivation of liberty of a maximum of criminal at least eight years of protest
organised by the group, in proceedings concerning an offence of protest in favour of
organized criminal groups, in proceedings for the offence of participation in
organised criminal group (Section 361 of the Criminal Code), or if
the offence involved more people and in respect of at least the
one of them was not criminal proceedings have so far been completed, or
If it is against the person to whom the information is to be disclosed, the criminal
control, or if the provision of such information could be thwarted by the
the purpose of criminal proceedings, including proceedings referred to in paragraph 6, or by
There may be a threat to State security, life, health, rights and freedoms
persons.
section 88a
(1) if it is necessary for the purposes of criminal proceedings instituted for an intentional criminal
offence for which the law stipulates a prison sentence of a maximum of
criminal rates of at least three years for the crime of violation of secrets
transported messages (section 182 of the Criminal Code), for the crime of fraud
(article 209 of the Criminal Code), for the criminal offence of unauthorized access to
the computer system and the information medium (section 230 of the Criminal Code), for
crime measures and storage access device and password to
the computer system, and other such data (section 231 of the Criminal Code),
for the crime of malicious threats (Article 353 of the Penal Code),
for the crime of stalking (section 354 of the Penal Code),
for the crime of spreading alarm messages (section 357 of the Criminal Code), for
the offence of incitement to a criminal offence (article 364 of the Criminal Code),
for the crime of condoning a crime (section 365 of the Criminal Code),
or for an intentional criminal offence, to which the prosecution agrees to a renowned
the international treaty, which the Czech Republic is bound, check the details of
telecommunications operations, which are the subject of the telecommunications
the secret, or which are covered by the protection of personal and intermediary
data and reference purpose cannot be achieved otherwise or if it would otherwise
achieve substantially aggravated, in the proceedings before the Court of their
the release of the President of the Senate and the Court in preliminary proceedings, order their release
the State Prosecutor or the police authority of the judge on the proposal of the State
representative. Command to determine the data on telecommunications traffic must be
issued in writing and substantiated, including a specific reference to the renowned
international agreement in the case that leads to criminal proceedings for the criminal
the Act, whose prosecution of this international agreement commits. If
a request to a particular user, the command must be in the
the identity, if known.
(2) the public prosecutor or police authority, whose decision was
been completed, and in the proceedings before the Court the presiding judge of the Court of
of first instance after a final end of things, inform about nařízeném
collection of data on telecommunications traffic person, the user specified in the
paragraph 1, if it is known. The information contains the designation of the Court which
issued the findings of data on telecommunications traffic, and the indication of the
period to which the statement concerned. Part of the information is the lesson of
right to lodge within six months from the date of delivery of this information
The Supreme Court to review the legality of the order to determine the
data on telecommunications traffic. President of the Senate shall report to the Court information
of first instance immediately after a final end of things, the State
representative whose decision the matter was finally completed, it shall
information promptly after the expiration of the period for review of the decision of the
by the Attorney General pursuant to section 174a and police authority, whose
the decision was finally completed, it shall, without delay after information
the deadline for review of the decision of the public prosecutor in accordance with
§ 174 para. 2 (a). (e)).
(3) the information referred to in paragraph 2 of the President of the Chamber, the Prosecutor or
the absence of the police authority in proceedings relating to the crime for which the law stipulates a prison
the deprivation of liberty of a maximum of criminal at least eight years, protest
organised by the group, in proceedings concerning an offence of protest in favour of
organized criminal groups, in proceedings for the offence of participation in
organised criminal group (Section 361 of the Criminal Code), or if
the offence involved more people and in respect of at least the
one of them was not criminal proceedings have so far been completed, or
If it is against the person to whom the information is to be disclosed, the criminal
control, or if the provision of such information could be thwarted by the
the purpose of this or any other criminal proceedings, or it may cause
threat to State security, life, health, rights or freedoms of the people.
(4) the statement referred to in paragraph 1 is not necessary if to provide information can be
the consent of the user of telecommunications equipment, to which you want the data on
keeping telecommunications traffic.
THE EIGHTH SECTION
Interim measures
section 88b
(1) interim measures can only be imposed on the accused person.
(2) Provisional measures may be imposed only if the conduct of the
of the accused or of other specific facts justified
concern that will repeat the crime, for which he is prosecuted, will
the offense, which attempted to, or execute a crime that
prepared or threatened to, and yet the facts established suggest
the fact that it was an offence for which prosecution has been committed, and
It has all the characteristics of an offence are obvious reasons to suspect that
This offence was committed, the accused, and having regard to the person of the accused and
on the nature and gravity of the offence, for which he is prosecuted, not at the time
the purpose of the interim measure decision achieved by other measures,
While the imposition of the provisional measures requiring the protection of the legitimate
the interests of the injured party who is a natural person, his life, in particular
health, freedom or dignity, or interests of people close to him,
or to protect the interests of the company.
§ 88 c
Types of interim measures
A provisional measure can be saved to the accused person
and the ban on contact with a damaged), persons close to him or to other
entities, in particular the witnesses (hereinafter referred to as "ban on contact with certain persons"),
(b) enter into joint) the prohibition on dwellings inhabited by with a damaged and its
the immediate surroundings and stay in such dwellings (hereinafter referred to as "ban
the entrance to the dwelling "),
(c)) the prohibition of visits to unsuitable environment, sports, cultural and other
social events and contact with certain persons,
(d)) the prohibition time specifically specified place,
(e)) the prohibition of travel abroad,
(f) to hold and keep) the prohibition on things that can be used to commit
crime,
(g)) the prohibition to take, hold or store alcoholic beverages or other
addictive substances,
h) the prohibition of gambling, playing on the slot machines and bets (hereinafter referred to as
"the ban on betting and gaming"), or
I specifically defined performance) prohibiting activities whose nature allows
recurrence or continuation in criminal activities (hereinafter referred to as "the prohibition of the performance of
specifically defined activities ").
section 88 d
The ban on contact with certain persons
(1) the prohibition on contact with certain persons is the inadmissibility of any
to contact or search a damaged, people close to him or other
people, in particular, the witnesses, even through a network of electronic
communications, or other equivalent means.
(2) important reasons to allow meetings of the accused with the victim
a person close to him or to another person. The meeting will be held for
the presence of law enforcement authority, which at the time of the meeting results
proceedings, or on the basis of his credentials in the presence of probation
official. The meeting ends without delay, if in the course of
circumstances which prevents its continuation, in particular if the accused raises in
damaged, the person close to him or to another person a reasonable fear of
the implementation of the actions referred to in section 88b of paragraph 1. 2, or attempts to affect the
their testimony.
section 88e
The prohibition of entry into the dwelling
(1) the prohibition on entry into the dwelling is the inadmissibility of the entry of the accused
in the common dwellings inhabited by with a damaged and its immediate
around, and the inadmissibility of the delay in such dwellings.
(2) the decision on the prohibition of the entry into the dwelling with the accused person disables
to enter the dwelling and its immediate surroundings and vicinity
of the dwelling. The decision must in addition to the General requirements (§ 134 para. 1 and 2)
also include the name and surname of the accused, the exact designation of the dwelling and
definition of its immediate environment and guidance on rights and responsibilities
the accused, including lessons about the consequences of failure to comply with the obligations referred to in
paragraph 4 (i) of the consequences of non-compliance with imposed interim measures.
(3) if the accused person used by reporting against another legal
Regulation, in the decision to give the ban on entry into the dwelling shall indicate that the
the prohibition of entry into the dwelling starts up the first day following the end of
performance reporting under other legislation. Reasons for voicing
the prohibition of entry into the dwelling is differently compared to as reported by another legal
Regulation shall be considered separately.
(4) the accused, after notification of the decision referred to in paragraph 2 shall
leave immediately to the dwelling and its immediate environs in the range
as defined in the resolutions, and refrain from entering those areas.
(5) the accused, after notification of the decision referred to in paragraph 2 shall be entitled to
take your things before leaving the dwelling used his personal use, personal
valuables and personal papers.
(6) the important reasons to allow the accused to take over the duration
the prohibition of entry into the dwelling of the things necessary for business or for
practice of the profession. Regarding the presence of authority participating in criminal proceedings
applies to section 88 d of paragraph 1. 2 accordingly.
§ 88f
The ban on visits to unsuitable environment, sports, cultural and other
social events and contact with certain persons
The decision to ban visits to unsuitable environment, sports,
cultural and other social events and contact with certain persons must
In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate
the definition of persons, premises or place to which the prohibition applies, as well as
lessons about the consequences of non-compliance with imposed interim measures.
§ 88 g
Ban time specifically specified place
(1) the decision on the prohibition of the time specifically specified place must
In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate
the definition of a specific place, in which the accused shall not delay;
the provisions of § 88e para. 2 shall apply mutatis mutandis.
(2) the accused person may be important reasons, allow for a specified
time he was kept in a place covered by the prohibition in paragraph
1.
§ 88h
A ban on travel abroad
(1) the prohibition to go abroad is to give the inadmissibility
to travel beyond the borders of the United States.
(2) the procedure for the imposition of a ban On travel abroad, the provisions
§ 77a paragraph 1. 1 to 3, 5 and 6 are used appropriately.
§ 88i
The ban on hold and kept the things that may be used to commit criminal
the activities of the
The ban on hold and kept the things that may be used to commit criminal
activities, decide, if such a thing is by its nature or
the observed circumstances can be determined to perpetrate crime and
at the same time is given by the fear of impending recurrence or continuation in such
crime, from the dokonání of the crime of which the accused
tried to, or of an offence that was preparing or
threatened.
section 88j
Prohibition of the use, hold or store alcoholic beverages or other
addictive substances
Prohibition of the use, hold or store alcoholic beverages or other
the addictive substance is said, was if the offence for which the accused is
prosecuted, committed in connection with the consumption of alcoholic beverages or
the use of other addictive substances and at the same time is given by the fear of impending
recurrence or continuation in such criminal activities, from dokonání
the offence of which the accused tried to, or committing a
the crime, which he prepared or threatened to.
§ 88 k
The ban on betting and gaming
The ban on betting and gaming are spoken relates to games of chance, betting or gaming
on the licenced with the crime of the accused.
§ 88l
The prohibition of the performance of activities specifically defined
(1) prohibition of the exercise of the said activities, as defined in particular, if the
the performance of the activities, for which you need special permission, authorization, or
whose power governs the other legislation, crime
of the accused, and at the same time is given by the fear that another performance of this activity
There is a risk of recurrence or continuation in such criminal activities, from dokonání
the offence of which the accused tried to, or committing a
the crime, which he prepared or threatened to.
(2) important reasons can be specifically defined activities on performance
limited period of time to allow.
§ 88 m
Interim measures
(1) decision on interim measures must also be justified by the
by the circumstances.
(2) imposing provisional measures prohibiting contact with certain persons,
the prohibition to hold and store things that can be used to commit criminal
activities, the prohibition of the use, hold or store alcoholic beverages or
other addictive substances and the ban on betting and gaming is decided by the President of the Chamber, and in
the preliminary proceedings, the Prosecutor.
(3) imposing other interim measures shall be decided by the President of the Senate
and in preliminary proceedings, on a proposal from the Prosecutor, the judge.
(4) in the cases referred to in section 88 d of paragraph 1. 2, § 88 g of paragraph 1. 2 and § 88l para.
2 shall decide according to the nature of the saved an interim measure President of Chamber
and, in preliminary proceedings, the public prosecutor or at the request of the public prosecutor
judge.
(5) a decision imposing a ban on contact with the parents of the accused
the child, you must immediately inform the authority of the social and legal protection
children. In the case that the decision will allow meeting the accused parents with
the child, President of the Chamber or in the preliminary proceedings, the Prosecutor
shall inform in due time the social-legal protection of children, in order to meeting
to participate in.
(6) when storing the provisional measures shall take into account body active in criminal
the management of the measures, which have already been imposed on the accused person and the another
legal regulation.
(7) the decisions referred to in paragraphs 2 to 4 of the complaint is admissible.
§ 88n
The duration of the provisional measures
(1) interim measures it takes, as long as it requires its purpose, but no longer than
in the judgment or decision by which the proceedings are terminated.
(2) where it is shown that the enforcement of an interim measure is impossible or its
the performance of the accused cannot be reasonably required or interim measures
is not strictly necessary in the originally specified range, decide on its
cancellation or change according to the nature of interim measures imposed President
the Senate, and in preliminary proceedings, the Prosecutor or at the request of the State
a representative of the judge. It may also decide to impose another preliminary
the measure, if it is according to the nature of the case and the circumstances of the case the necessary and
the conditions are met for his store.
(3) the accused has the right to ask for a cancellation of interim measures. About
such a request, the President of the Senate or in preliminary proceedings the State
representative decide without undue delay. If the application is rejected,
the accused may, unless new reasons, repeat after
three months after the decision.
(4) the decisions referred to in paragraphs 2 and 3 shall be admissible complaint.
The sufferer has the right to lodge a complaint only against decisions on interim
measures under section 88 d and 88e. Only complaint has suspensive effect
the public prosecutor and the injured party against the decision to cancel the preliminary
measures. Nevertheless, where the Prosecutor or the injured party when the announcement of the
such a decision, their complaint has suspensive effect only
If it was made immediately after the announcement of the decision.
(5) If, on the basis of an interim measure issued by a European protection
command under the Act on international judicial cooperation in matters
criminal and of the modification or the cancellation of the interim measures decided
body active in criminal proceedings, that is different from the authority that issued the
the European protection order shall send its decision to the judicial
authority.
§ 88o
The consequences of non-compliance with imposed interim measures
If the accused does not, which continues to be the justification for the imposition of
the preliminary measures, conditions imposed interim measures, can
the competent authority in criminal proceedings to decide on the
and fine) the imposition under section 66,
(b)) the imposition of a different kind of interim measures, or
(c) taking the accused into custody), under the conditions laid down in this law.
CHAPTER FIVE
The taking of evidence
§ 89
General provisions
(1) in a criminal prosecution is necessary to prove to be, in particular:
and that became the deed), which is considered a criminal offence,
(b)) whether this Act was committed, the accused, or what the motives,
(c) the relevant circumstances) having a bearing on the assessment of the nature and severity of the
the crime,
(d) the relevant circumstances to assess) the personal circumstances of the offender,
(e)) the essential circumstances to identify the effect, the amount of damages
caused by the crime and unjust enrichment,
(f)) the circumstances that led to the crime or permit its
a criminal offence.
(2) the evidence may serve anything that may contribute to the clarification of the matter,
in particular, the testimony of the accused and witnesses, expert opinions, things and the Charter
important for criminal proceedings and inspection. Each party may take evidence
Locate, submit, or its implementation design. The fact that evidence
could not find or not requested authority in criminal proceedings, there is no reason to
denial of such evidence.
(3) evidence obtained by illegal coercion or the threat of such forcing
may not be used in the proceedings except in case of use as evidence
against a person of such coercion or threat of coercion.
THE FIRST SECTION
The testimony of the accused
§ 90
The summons and the demonstration
(1) if the accused fails to appear, which was duly summoned for questioning without
without showing sufficient cause, it may be brought; on this and on other consequences
failure (section 66) must be in the summons.
(2) the accused person may be brought without prior summons, if
This is necessary for the successful implementation of the criminal procedure, especially when
hides or has no permanent residence.
(3) for a demonstration it is necessary to apply to the competent police authority. About
demonstration of the national armed forces or armed corps in Active
the service you need to ask his commander or Chief.
The questioning of the accused
§ 91
(1) before the first interrogation of the accused is required to establish the identity,
ask him on his family, property and the Ministry and ratios
the previous penalties, clarify the essence of the allegations communicated to him and learn it
of his rights. If a proceeding for an offence for which you can
to negotiate an agreement on guilt and punishment, the accused must be in the context of the lessons
alerted to the fact that also in the preparatory proceedings may, with the State
representative in the presence of an advocate to negotiate an agreement on guilt and punishment, which
approved by the Court. The accused should be advised about the nature and consequences of the
the negotiation of the agreement on the guilt and punishment, that waives the right to
consideration of the case in the main proceedings and the right to lodge an appeal against the judgment,
which the Court approved the agreement on guilt and punishment, except in the case where the
such a judgment is not in accordance with the agreement on guilt and punishment, with which
agreed (article 245, paragraph 1, second sentence), and the conditions under which a
Court to decide on the claim of the injured party as properly (§ 314r (4)).
The contents of the instruction shall be mentioned in the Protocol. If the identity of the accused
immediately figure is necessary to the Protocol of his questioning to connect such
evidence that the person could not be confused with another.
(2) if the accused more, interrogate separately.
§ 92
(1) the hearing of the accused will be held so as to provide, if possible, complete and
a clear picture of the facts important for criminal proceedings. The accused
in no way shall not be compelled to testify or to confess. When
the hearing is necessary to save his personality.
(2) the accused must be given the opportunity to comment in detail the allegations,
in particular, continuously portray the facts that are the subject of allegations,
circumstances which reduce the charges or refute, and offer a
them evidence.
(3) the accused person may be asked questions to supplement the testimony or to
delete incomplete, ambiguities and contradictions. Questions must be asked
and comprehensible manner without pretense of misleading and false
circumstances; may not be shown, how to answer them.
§ 93
(1) the accused person may be allowed to give a response before, peered into the
written notes, which must vyslýchajícímu, if so requested by present
for inspection; This circumstance must be marked by the Protocol.
(2) if it is necessary to determine the authenticity of the manuscript, the accused can be
invited to write the necessary number of words; However, this may not be any
way to be compelled. However, the accused is obliged to always suffer the acts required
to do so, in order to establish his identity.
§ 94
cancelled
§ 95
(1) the testimony of the accused to a rule according to the dictates of log writes
vyslýchajícího, in direct speech and, if possible, literally.
(2) unless the Protocol of the trial or of the public session, must
be a protocol after the end of the hearing of the accused, is presented for reading or
If requested, it shall be read to him; If the hearing is conducted
through videoconferencing equipment, Protocol is the accused person to
the request reads. The accused has the right to request that the Protocol was completed by
or that the corrections have been made in line with his testimony. About this
the right of an accused person should be instructed.
(3) the Protocol on the questioning, which was carried out without the inclusion of the clerk,
It should be vyslýchanému before signing to read or to read the present in
the presence of stakeholders. If the vyslýchaný against the content of the Protocol
objections should be discussed in the presence of přibrané persons and the result
consultation hold.
§ 96
cancelled
SECTION TWO
Witnesses
§ 97
The obligation to give evidence
Everyone is obliged to answer a summons to appear and testify as a witness about the
What is known about the crime and the offender or the circumstances of the
important for the criminal proceedings.
§ 98
The summons and the demonstration
If a witness, although he was duly summoned, without showing sufficient cause
does not appear, it may be brought. On this and on other consequences (section
66) must be a witness in the summons. If the Member fails to
the armed forces or armed corps in active service, it is necessary to ask
its commander or Chief, to state the reason why the defendant
not appeared, or to put it to show off.
§ 99
The ban on questioning
(1) a witness may be questioned about the circumstances relating to the
classified information protected by a special law, which is obliged to
keep confidential, unless this obligation by the competent authority
be relieved; the exemption can be denied only if the testimony
caused serious damage to the State.
(2) a witness may be questioned whether or not if their termination would
He broke the state saved or recognized obligation of confidentiality, unless they were
the obligations of the competent authority or, in whose interest this
the obligation has absolved.
(3) the prohibition on questioning pursuant to paragraph 2 shall not apply to testimony
relating to the offence, parties which the witness has the notification obligation
under the criminal law. It also does not apply to testimony about
classified information classified in the special law degree
confidential or reserved.
§ 100
The right to refuse to testify
(1) the right to refuse to testify as a witness has a relative of the accused in the tribe
direct, its sibling, adoptive parent, osvojenec, husband, partner and friends;
If the accused and the witness is more in that relationship to
one of them, has the right to refuse to testify other accused parties only
If it is not possible to disconnect the testimony, which concerns them, from the testimony of
concerning the accused, to which he is a witness in this ratio.
(2) a witness shall be entitled to refuse to testify if they notice caused
the danger of criminal prosecution himself, his relative in the tribes live,
his siblings, adoptive parents, adoptees, spouses, partners, or kind
or other persons in the family or a similar ratio, whose injury would
as the injury felt custom law.
(3) to refuse to testify as a witness cannot, however, whoever has the pages of
the Act, whose testimony is concerned, the obligation of notification under
of the criminal code.
Witness
§ 101
(1) before the hearing of a witness is always necessary to determine his identity, his
the ratio to the accused, to learn about the right to refuse to testify, and if it
should be, whether or not concerning a prohibition on questioning or about the possibility of the procedure according to § 55 para.
2, as well as about the fact that he is obliged to denounce the full truth and nothing
nezamlčet. Must also be advised of the importance of testimony in terms of
of general interest and of the criminal consequences of perjury. If you like
witness a person under 15 years of age, you need to learn
appropriately her age.
(2) at the beginning of the hearing of the witness shall be questioned in relation to the present
the case and the parties and where appropriate to other circumstances of importance for the
determine its credibility. The witness is held to provide
If possible, complete and clear picture of the facts relevant to the criminal
control that witness perceived with the senses. The witness must be given
the ability to continuously told everything he knows about the matter itself and where it
the circumstances referred to by the learned. When questioning is necessary to save his
personality, in particular as regards his personal and intimate area.
(3) a witness may be asked questions to supplement the testimony or to
delete incomplete, ambiguities and contradictions. Questions directed to the
the intimate area of the examined the witness, in particular if it is a person
a criminal offence can be damaged, ask only if this is necessary for
clarification of facts important for criminal proceedings, particularly gently and after
content page exhaustively, in order to avoid hearing
Repeat; their wording is needed while maintaining the necessary
adjust age, personal attention to the experience and the psychological state of the
witness. A witness may be asked questions, in which were included
misleading and false circumstances or circumstances that are discover
from his testimony.
(4) if it is necessary to determine the authenticity of the manuscript can be the witness
commanded to write the necessary number of words.
§ 101a
He does not find reason to police authority to draw up the Protocol of the hearing
in the manner specified in § 55 para. 2, although the witness seeks and provides
specific facts which according to him, such a process of drafting Protocol
so warrant, the police authority shall submit the matter to the Prosecutor to
reviewed the accuracy of its procedure.
There is a risk of delay, postpone the hearing of a witness until
the Prosecutor shall take such measures. Otherwise, the witness shall be heard and
the adoption of measures of the State prosecutor handling the Protocol so that the
the identity of the witness remained secret.
§ 102
(1) If a witness heard a person less than 18 years of
the circumstances of whose revival in memory, given the age of might
adversely affect her mental and moral development, it should be questioning
perform particularly gently and after a a content page to the questioning in the next
control usually was not to be repeated; for questioning the authority picked up the slack
the socio-legal protection of children or any other person having experience with
education of youth, which would be with respect to the subject matter of the hearing and the degree of
mental development of the person contributed to the correct leadership of the questioning.
If it can contribute to the proper implementation of the hearing, may be hired and
parents. The people that were as follows přibrány, may propose the postponement of the
the Act at a later time, and in the course of the implementation of such a transaction design
its suspension or termination if the performing an action or continuation of
It had an adverse effect on the mental state of the person.
There is a risk of default, the authority in criminal proceedings such
the proposal passes.
(2) in the proceedings is to be such a person examined only where necessary
cases. In the proceedings before the Court it is possible on the basis of a court decision
do the proof reading of the Protocol, or by playing the video and audio
footage of the questioning, carried out through the
videoconferencing devices without the conditions referred to in section 211 para. 1 and
2. A person who was brought in for questioning, if necessary, shall hear the
the accuracy and completeness of registration, to the way in which the hearing was conducted,
as well as to the way in which the interviewee gave the testimony.
(3) to a person younger than 18 years of age, you can ask questions only through the authority
law enforcement agency.
section 102a
(1) if it is to be heard as a witness the person who is active in
a police authority or police officer of another State
and) used in the criminal proceedings as agent or conducting histrionic
transfer, or
(b)) immediately involved in the use or implementation of the agent
předstíraného transfer
is heard as a witness, whose identity and appearance are kept secret.
(2) in exceptional cases and under the conditions as a result of the hearing that there is no
injury to the life, health, or other business activities of the person referred to in
paragraph 1 or to a threat to life or health of a person close to her, can be
make her interrogation as a witness without the secrecy of identity or form, and
It's only on the proposal of the public prosecutor on the basis of observations of the competent
the Director of the security force.
§ 103
The provision of section 93 para. 1 and section 95 of the hearing of the accused must be reasonably
and on the hearing of a witness.
section 103a
Information about unsafe accused and condemned
(1) a witness, which is a risk in connection with the stay of the accused
or the convicted person on the loose, you may request information about the
release or escape of) of the accused from custody,
(b) the release or escape of a convicted) of imprisonment
freedom,
c) interruptions of imprisonment,
(d) the release or escape of convicted person) from the exercise of the constitutional protection
healing,
e) change the form of the protective treatment of constitutional on outpatient,
(f) the release or escape of convicted person) of the performance security
detention,
(g) the security of the detention) change protective treatment,
(h) any person accused or release) of the convicted person to a foreign State, or
his surrender to another Member State of the European Union in the framework of the
international judicial cooperation in criminal matters.
(2) If a witness has not submitted a request under paragraph 1, the accused or convicted person
He was released or escaped, and if there is reasonable concern that a witness is threatened
hazards in connection with the stay of the accused or the convicted person on the
freedom, authority in criminal proceedings, the probation and mediation service
the prison, medical equipment, in which the convicted person shall be exercised by the constitutional
protective treatment, or Institute for the performance of the security of the detention shall immediately
shall inform the police authority or led
criminal proceedings in a criminal case, which shall take the necessary measures to
ensuring the safety of the witness, including the notification of dismissal or
escape.
(3) The procedure for the submission of applications and the handling is reasonably used
provisions of the law on victims of crime.
§ 104
Witness expenses
(1) a witness has the right to compensation for necessary expenses under a special legal
the rules relating to travel expenses and the proven loss of earnings
(fee). The claim shall cease to apply, as witness in three days after its
of the hearing or after he was informed that the hearing does not occur; on it
the witness must be notified.
(2) a claim referred to in paragraph 1 has a witness or another person, with the exception of
suspected or accused persons, even if come to challenge authority
law enforcement agency to perform another task.
(3) the amount of the costs be determined usually immediately after the exercise of the right to
the fee, which a witness or other person referred to in paragraph 2
call, and in the proceedings before the Court the President of the Senate.
THE THIRD SECTION
SOME SPECIAL MODES OF PROOF
Section 104a
The confrontation
(1) if the testimony of the accused in serious circumstances do not match
the testimony of a witness or the accused can be spoluobviněného, built
the witness, or spoluobviněnému in the face.
(2) if the witness does not agree in serious circumstances with
the testimony of the accused or of another witness, the witness may be built
the defendant or other witness face to face.
(3) Confrontations can be done up to then, when each of the persons to be
confronted, has previously heard and her testimony was written
Protocol. When faced with the interviewee, to another person
testified in direct speech the claim about the circumstances in which notice of termination
konfrontovaných people disagree, or to other circumstances,
that its claims are related to, and which has not yet nevypovídala. Persons
built face to face they can ask each other questions only with the consent
vyslýchajícího.
(4) for the confrontation of otherwise valid provision on the testimony of the accused and the
witnesses.
(5) a person younger than eighteen years of age can be placed face to face only
exceptionally, if it is absolutely necessary to clarify things; in such a
the case is to be used, mutatis mutandis, to section 102. Face to face, you cannot build a witness
whose identity is concealing the reasons referred to in § 55 para. 2. the face
You cannot build a face also damaged the younger the age of eighteen with the accused in the
the case of offences against human dignity in the sexual area.
(6) if necessary after the end of the confrontation to hear konfrontované
of the person, their questioning separately.
(7) the Confrontation are fundamentally carried out only in the proceedings before the Court; before
the indictment or a letter of approval of the agreement on the guilt and punishment can be
the confrontation only exceptionally, if it can be expected that the
the implementation of significantly contributing to the clarification of the case and the same objectives cannot be
achieved by other means.
section 104b
Recognition
(1) Recognition takes place, if the criminal proceedings are important to
the suspect, the accused or the witness recognized a person or thing again, and determined by
their identity. To perform recognition is always picked up the slack, at least one
a person who is not involved in the case.
(2) a suspect, accused person or a witness, who have to get to know a person or thing,
listen to before the rekognicí of the circumstances under which a person or thing
they perceived, and about the characters or specific characteristics according to which it would be possible
a person or thing. Person or thing that has to be recognised, they must not
be shown before the rekognicí.
(3) in order to be recognised, the person turns out to be a suspect, accused person or
the witness between at least three persons, significantly differ.
The person who is to be identified with prompts to be included on any
the space between the indicator the person. If a person has to be identified not by
their appearance, but by voice, allowing her to speak in
any order among other people with a similar voice
characteristics.
(4) if it is not possible to show the person who is to be known, recognition,
According to the photos, which is submitted to the suspect, the accused person
or witness with similar photos of at least three other people. This
the procedure may not immediately preceded by a rekognici point person.
(5) in order to be identified thing, the suspect, the accused or
a witness in the Group of things of the same kind if possible.
(6) for the rekognici otherwise, the provisions on the testimony of the accused and the
witness.
(7) according to the nature of the things you can do rekognici to poznávající
the person immediately met with a poznávanou person. If done
recognition with the participation of a person younger than eighteen years of age, shall be used, mutatis mutandis, to section
102. Rekognici in the presence of a witness, the identity of the concealing of the
grounds provided for in § 55 para. 2, can be used under the terms of the confidentiality of its form and
personal data to perform, if the witness is a poznávající person.
(8) after performing the recognition with the suspect, the accused or the witness
listen to again, if you need to remove the contradiction between their testimony and
the results of the recognition.
section 104 c
Investigative experiment
(1) the investigative experiment shall be held to be observing in artificially
created or changing conditions are cleared or clarified
facts in criminal proceedings, where appropriate, new
the facts important for criminal proceedings.
(2) If you try to perform the investigation will not proceed if this is
due to the circumstances of the case or the suspect, the accused person,
spoluobviněného, victim or witness inappropriate or if the purpose of the
the investigation attempting to reach otherwise.
(3) to investigating the attempt, which is carried out in the preparatory proceedings, must
be brought at least one person who is not involved in the matter, unless the
would the inability to ensure its presence at the exam attempt thwarted
its implementation. If it is necessary due to the nature of the case and to
the facts that have come to light in the criminal proceedings, picked up the slack to
the investigating expert tries to, or suspect, defendant and witness.
Their participation in investigation attempt shall be governed by the provisions applying
for their interrogation. If you take part in investigation attempt to a person under the age of
than eighteen years of age, shall be used, mutatis mutandis, to section 102.
(4) the acts that are related to the investigative experiment shall not be
the suspect, defendant, victim or witness has the right to deny
the testimony compelled in any way.
§ 104d
The reconstruction of the
(1) Reconstruction takes place, if it is to be a renewal of the situation and the circumstances in
which the offence was committed, or to have a significant relationship,
examined the testimony of the suspect, the accused, spoluobviněného, damaged
or witness, if other evidence made in criminal proceedings
are not sufficient to clarify the matter.
(2) on the process of reconstruction will apply mutatis mutandis of the provisions on
exam attempt.
§ 104e
Examination on the spot
(1) the Examination shall be held on the spot, if necessary in the presence of
the suspect, the accused or a witness may be supplemented or clarified details
important for the criminal proceedings that relate to a specific location.
(2) The procedure for verification shall be used in place of the provisions on
exam attempt.
SECTION FOUR
Experts from the
The inclusion of an expert
§ 105
(1) if it is to clarify the facts important for criminal proceedings to be
of expertise, the authority in law enforcement training
the observations. If the complexity of the issues under consideration for such a procedure is not
sufficient, requiring an authority in criminal proceedings of an expert. In the preparatory
management gains the authority experts active in criminal proceedings, which shall be deemed to
expert advice necessary for the decision if the case was returned to the
investigation, the public prosecutor, and in proceedings before a court, the President of the Senate. About
the use of an expert to inform the accused and in the proceedings before the Court of State also
representative. The other person is about bringing in an expert, if filing
the expert's report should be to this person held or something passes.
(2) when selecting persons to be brought as an expert, you need to
take account of the reasons for which, under a special law is the expert of
the submission of the expert's report. When requesting vocational representation
body active in criminal proceedings, shall consider whether the person from whom the professional
expression requires, in view of its relationship to the accused persons to other persons
involved in the criminal proceedings or to things is not podjatá.
(3) against a person of an expert can be objected to on grounds that provides
a special law. In addition, you can raise objections against the vocational focus
expert or against the wording of the questions raised by the experts. In the preparatory
management of the soundness of such objections shall examine the Prosecutor and in the management of
before the Court, the presiding judge of the Court before which at the time of notification
opposition leads the proceedings; If the opposition is used in the context of amending
the resource will be the authority to which it is for the appeal procedure
decide. If this authority of the objections and the reasons for the request
the expert's report, it shall take steps to request an expert opinion
either by another expert or by otherwise formulated questions; in the opposite
the case shall notify the person who raised the objections that it did not find such a
the reasons for the procedure. Opinion on the objections put forward by the amending
resource generally form part of the decision on such
the appeal.
(4) if it is a clarification of particular importance is the need to
Add two experts. Two experts should be put always, in the case of
examination and an autopsy of the bodies (para. 115). For inspection and autopsy bodies may not
be joined as a connoisseur of the doctor who treated the deceased for disease,
that death immediately preceded.
(5) support the observations referred to in paragraph 1 may ask the person who is
under a special law, registered in the list of experts, and the physical or
a legal person who has the necessary qualifications. State authority
shall submit to the authorities of the law enforcement professional representation always without
remuneration.
Section 106
The expert must be advised of the consequences of the summons (section 66), and
the obligation to inform without delay the fact for which would be excluded
or otherwise prevents him to be active as an expert. Expert must
also be advised about the importance of the expert opinion from the perspective of the public interest and
of the criminal consequences of perjury and knowingly false expert
of the report; This also applies to experts who submitted the opinion on the basis of
the request of a party pursuant to § 89 paragraph 1. 2.
§ 107
The preparation of the report
(1) an expert who is charged with an act to provide the necessary explanations
from the writings and define its tasks. In doing so, care must be taken that the experts
It is not for to perform the evaluation of the evidence and resolve the legal issues. If it is
to the submission of the report to be, let the experts inspected or
the writings. He may also be allowed to was present in the hearing
the accused and the witnesses and ask questions related to the subject
expert investigation. In justified cases, the expert will make
He took part in the implementation of the Criminal Procedure Act, if such
the Act is relevant for the preparation of the expert opinion. The expert may also
propose that the other evidence first clarified the circumstances needed to
submission of the report.
(2) the expert přibraný to submit an expert opinion about the cause of death or the
State of health of the deceased is entitled to require health
the documentation relating to such persons; in other cases, it may
medical documentation required under the terms of the specific
by law.
(3) Experts are usually saved to the testimonial has drawn up in writing. Testimonial
is also a lawyer, and served it at the expense of defence.
section 108
The questioning of an expert
(1) If an expert opinion in writing, just to be in the hearing
him and confirmed it. If the opinion has not been drawn up in writing,
nadiktuje expert in the hearing it in the log.
(2) if the přibráno more experts who have come after mutual consultation to
an affirmative conclusions reached, it shall submit the opinion of all of them, which themselves to
the specified; the different conclusions of the experts, you need to listen to each
separately.
(3) in the preliminary proceedings, to refrain from questioning of an expert, unless the
the police authority or the prosecutor about the reliability and the completeness of the writing
submitted by the expert's report.
section 109
Defect report
If there is doubt as to the correctness of the opinion or the opinion is vague or
incomplete, it is necessary to ask the experts for clarification. If it does not lead to
the result, picked up the slack with another expert.
§ 110
The opinion of the Institute
(1) in exceptional, especially difficult cases requiring special
the scientific assessment, the police or the public prosecutor, and in
proceedings before the Court the President of the Senate put the State authority, a scientific Institute,
a college or institution specialised in expert activity to
the submission of the expert's report or reviewing the report submitted by the expert.
(2) a person who was a party to the action or to the submission of the expert's report on the review of
report submitted by the expert referred to in paragraph 1, it shall submit an opinion in writing. In it
designates a person or persons to draw up an opinion and may be in
If necessary, as the experts heard; If it was necessary to put
two experts (article 105, paragraph 4), at least two of those people.
(3) when selecting persons referred to in paragraph 2 shall be taken into account to
the reasons for which, in the Special Act is the expert of the administration of
the expert's report.
(4) the provisions of § 105 para. 3 the opinion of the Institute shall be used when requesting
by analogy.
§ 110a
If the expert opinion submitted by the party has all the law
the required particulars and contains a clause stating that the expert is aware of the
the consequences of knowingly false expert opinion, proceed when
the implementation of this evidence as well, as if they were an expert opinion
pull body active in criminal proceedings. Body active in criminal
management will enable experts, of which one of the Parties requested the expert
opinion of the Court, to look into the case-file or otherwise allow him to become familiar with
the information needed for the preparation of the expert opinion.
§ 111
Application of special rules on the experts
(1) the provisions on the eligibility of witnesses for this feature and on the exclusion of
it, on the right to deny an Act, a promise and a reminder
before performing the duties of the expert of the Act, as well as on compensation of the finished
expenses and remuneration of expert action (payment) subject to specific regulations.
(2) the amount of fees the expert shall determine the person who has put on weight, and in the proceedings before the
the Court of the President of the Senate, without undue delay, no later than two
months of billing experts. If the one who gained weight, experts
with the amount of vyúčtovaného to the expert shall decide by resolution. Against the resolution is
admissible complaint which shall have suspensive effect.
(3) the Payment must be paid without undue delay after his return,
no later than 30 days.
THE FIFTH SECTION
Implementation of the interrogation through videoconferencing facilities
§ 111a
(1) if the hearing of the accused carried out through
videoconferencing equipment, shall be his lawyer about the time and place,
on which the accused was summoned. In the case of interrogation of spoluobviněného,
a witness or expert in this way, the defence lawyer of the accused shall inform about the time of the
and the location from which it will be conducting the hearing, the competent authority
criminal proceedings.
(2) if the hearing of a person carried out via videoconferencing
device, verifies the identity of the employee of the Court, the State
the Prosecutor's Office or the police authority responsible for this person
conducting the interrogation. Authenticating the identity of the person in the place where the
the hearing is vyslýchaný, it can be with the consent of the person conducting the
the questioning and an employee of the Court, the public prosecutor's Office, prisons or
the police authority has been mandated to do so by the President of this Court,
the head of the public prosecutor, the Director of the prison or the head
national police authority. This employee is all the time
questioning the present on the spot, where the interviewee.
(3) the identity of a witness whose identity is concealed, and the hearing is
carried out through videoconferencing equipment, in the proceedings
before the Court the presiding judge or an employee of the Court responsible for
providing support for the protection of classified information specified for this activity
President of the Court and, in preliminary proceedings the State employee
the Prosecutor's Office or the police authority responsible for the protection of classified
information specified for this activity, the head of the public prosecutor or
the head of the national police agency. This employee is at all
time present at the place where the witness, whose identity
is concealed.
(4) the authority conducting the criminal proceedings, the hearing shall instruct vyslýchanou
person before the commencement of the hearing conducted by
videoconferencing facilities about how to perform the examination.
(5) at any time during questioning carried out through
all-in-one device may raise objections against the interviewee
the quality of the image or sound transfer.
THE SIXTH SECTION
The material and documentary evidence
§ 112
(1) the factual evidence are items which or on which the criminal
Act was committed, other objects that prove or refute dokazovanou
the fact and can be a means to investigate and determine the criminal offence
and its perpetrators, as well as the traces of the crime.
(2) the documentary evidence are documents that demonstrate or its content
refute fact dokazovanou relating to the offence or to the
the accused person.
THE SEVENTH SECTION
Inspection
§ 113
The purpose of the inspection and the Protocol on the
(1) the Examination shall be held to be a direct observation explained
the facts important for criminal proceedings. The inspection is usually
requiring an expert.
(2) the Protocol on inspection, you must provide complete and accurate image of the subject
inspection; they have, therefore, to include photos, sketches and other
AIDS.
section 114
Inspection of the body and other similar acts
(1) Inspection bodies shall be obliged to submit to each, if necessary
find out whether the tracks on his body or the consequences of the offence.
If there is no inspection of the body carried out by a doctor, it can only be done by a person
of the same sex.
(2) if evidence is required to perform a blood test or other similar act
is a person, it shall be obliged to acquiesce to her doctor or specialist
healthcare worker removed blood or another needed
the Act, if it is not associated with the danger to her health. Subscription to the biological
material that is not associated with the intervention into the bodily integrity of the person
such an act is concerned, i can make this person or with its consent
body active in criminal proceedings. Upon request by the law in the criminal
This subscription can control even without the consent of the suspect or the accused
performed by a doctor or by a health professional.
(3) if evidence is required to establish the identity of the person who were on
the crime scene, is a person, it shall be obliged to tolerate the acts necessary for the
such a finding.
(4) if the Act referred to in paragraphs 1 to 3, for the resistance of the suspect or
the accused do, and unless the donation of blood or other similar act
associated with the intervention into the bodily integrity, is a body active in criminal
the proceedings shall be entitled to after previous futile challenge to overcome this resistance;
police authority needs to overcome the resistance of the suspect's previous
the consent of the Attorney General. How to overcome the resistance must be reasonable
the intensity of the resistance.
(5) the obligations of the preceding paragraphs should be the person to learn with
warning of the consequences of failure (section 66), suspects or accused persons,
Learn also about the possibility of the procedure referred to in paragraph 4.
section 115
Inspection and dissection of corpses and the exhumation
(1) there is a suspicion that the death was caused by a criminal
the crime, the corpse must be inspected and pitvána. Bury the corpse can be in
such cases only with the consent of the public prosecutor. So decides,
State representative with the most accelerated.
(2) the exhumation of the corpse may order the President of the Senate, and in preparatory proceedings
State representative.
Mental status examination
§ 116
(1) if it is necessary to investigate the mental state of the accused, picked up the slack to it
always expert in psychiatry.
(2) If a mental state be examined differently, the Court and, in preliminary
control to the design of the public prosecutor, the judge may order that the accused was
observed in the Medical Institute, or, if in custody, whether or not in
a special Department of the correctional facility. Against this resolution is
admissible complaint which shall have suspensive effect.
(3) whenever it appears to the expert for the accused to suggest his symptoms
insanity or diminished sanity at the same time, about whether
his stay at liberty threat.
§ 117
Observation the mental state does not last for more than two months; in the meantime,
It is necessary to submit a testimonial. On a reasoned request, the Court may, and experts in the
on the proposal of the preliminary proceedings, the Prosecutor, the judge, this time limit
extend, but not more than one month. Against the extension of the period
the complaint is admissible.
§ 118
If there are serious doubts about whether the witness is not, whose testimony is
for decisions of particular importance, substantially reduced the ability to correctly
to perceive or to give evidence, it can be examined and weighed the mental state
witness. Observation the mental state of the witness in accordance with § 116 paragraph. 2 is not, however,
permissible.
CHAPTER SIX
The decision of the
§ 119
The method of decision making
(1) the Court decides by way of judgment, where the law expressly provides. in
other cases decided, if the law provides something else,
by resolution.
(2) the Prosecutor and the police authority to decide if the law
does not provide for something else, resolution.
THE FIRST SECTION
The judgment of the
Content of judgment
§ 120
(1) the judgment after the introductory words "on behalf of Republic" must contain
and the designation of the Court), whose judgment goes, and the names and surnames of the judges,
who took part in the decision,
b) date and place of delivery of the judgment,
(c) the operative part of the judgment), stating the statutory provisions to which it is applied,
(d)) in the preamble, where the law provides for something else, and
(e)) the letter of appeal.
(2) the accused must be in the judgment marked indication of his name and
the last name, the date and place of birth, their employment and residence, or
other information necessary to ensure that it cannot be confused with another person.
If it is a member of the armed forces or armed corps, shall also
the rank of the accused and the Department, of which he is a national.
(3) a statement by the defendant acknowledges the guilty, or by indictment
exempting must exactly refer to a criminal offence, to which the statement relates, and
not only naming and specifying the appropriate legal legal
provisions, but also an indication of whether it is a felony or misdemeanor, and places
time and manner of committing, or even an indication of other factors which
you need to ensure that the deed could not be confused with another, as well as
the listing of all legal characters, including those that justify a
criminal rate.
(4) if the Court Approves the agreement on guilt and punishment, is also part of the judgment
statement on the approval of the agreement on the guilt and punishment.
§ 121
In the judgment, which is decided by the question of guilt, the Court also holds the operative part
and) or on compensation for non-material in the money or the release of
of unjust enrichment, provided that the right to compensation for damages or
non-material damage in money or issuing unjustified enrichment in time
applied (§ 43 para. 3),
(b) of the protection measures) if it was in the main version or in the
a public meeting held on the appeal has been decided.
§ 122
(1) the decision shall contain a statement of the sentence stating the
the statutory provisions under which the punishment was meted out, or according to which
the punishment was waived, and if it is a conditional waiver from the
punishment with supervision, whether or not a statement regarding the determination of the trial period and its
duration. If the offender supervision ratified, it must be of the opinion
the judgment clearly whether supervision should be carried out within the scope of
criminal law or whether they are the perpetrators stored next to it for more
reasonable restrictions or obligations. If the penalty, whose performance can be
conditionally postpone judgment must also contain a statement regarding whether the
the conditional postponement enabled, where appropriate, on what conditions is bound. If it was
stored an unconditional prison sentence must contain the operative part of the judgment
about how the performance of this punishment. If the convicted person was the perpetrator of
crime committed for the benefit of organized criminal groups, it is necessary to
the operative part also hold to the judgment.
(2) of the operative part of the judgment In zprošťujícího it must be stated that, for reasons of
referred to in section 226 is based charges.
§ 123
The Court, which decides in the case in which an earlier judgment was on
the basis of an appeal, complaint for violation of the law or of the proposal for the renewal of
cancelled only partially accommodates to a new judgment, only those statements, party
which thing again. To link these statements with statements, in
which remained an earlier judgment of the intact, while pointing out.
§ 124
In the judgment, which stores a summary sentence, the Court must designate those earlier
judgments, of which a new judgment annuls the judgement about the punishment and replaces it
the statement about the General penalty. Stores in the judgment of the common punishment for
continuation of the offence, the Court must designate those earlier judgments in
which statement is deleted on the guilt, of continuing offence and penalty
acts committed with him in tracking products from the whole of the operative part of the sentence,
as well as other statements that have in that conviction, your basis
and replaces them with new statements, including the statement on a common punishment for
continuing offence.
section 125
(1) if the judgment contains a preamble, the Court briefly lays out in it,
that fact, he demonstrated and that evidence of their factual
the findings of such considerations, he drove in the evaluation carried out
the evidence, in particular if you contradict each other. Of justification must be
see how the Court has dealt with the defense, why he has resisted proposals for
additional evidence and which legislative considerations are driving when
judged by established facts pursuant to the relevant provisions of the Act in
the question of guilt and punishment. In the preamble to the sentence which shall be
the reasoning was led in imposing a sentence, how to assess the nature and severity of the
the offence in terms of the importance of a particular protected interest, which
was the crime, how to carry out the crime and its consequences, the circumstances in
which the Act was committed, the person of the offender, the extent of his culpability and his
the motives, intent or goal, as well as the mitigating and aggravating
circumstances, the time that has elapsed since the Commission of the offence, any
changes in the situation and the length of the criminal proceedings, lasted an unreasonably long
period of time, taking into account the complexity of the case, the procedure of law enforcement
management, the importance of management for the offender and his behavior, which has contributed to the
delays in the proceedings; indicate whether or not, as the rules for personal, family,
property and other circumstances of the offender, to emigrate
life, to the behavior of the offender after the crime, in particular to any order to
to compensate for damage or other harmful consequences of the offence, and if it was marked as
cooperating defendant also as important contributions to the
clarification of the crime committed by members of organized groups, in conjunction with the
organised by or in favour of the organised criminal
the Group of. If the judgment were originally conceived for more statements, you must
also justified. If the Court imposes a punishment for a crime
referred to in § 55 para. 2 of the criminal code, such as reflections, was
guided by this decision and why it was not punishable directly
If the imprisonment.
(2) in a letter of appeal, which must be included in any judgment
Court of first instance, shall state the period within which it must be lodged (article 248
paragraph. 1), designation of the Court to which the appeal is to be lodged (Article 251),
designation of the Court which filed the appeal will be decided (para. 252),
the extent to which they can challenge the judgment of the persons concerned (para. 246), and
definition of the required content of notice of appeal (para. 249).
(3) the letter of appeal, which must be included in any decision
the Court on the substance made in the second stage, the person shall
including the need for the appeal of the accused are given by
defence counsel (section 265d), the deadline to submit the appeal, designation of the Court to which
the appeal is to be lodged (§ 265e), designation of the Court which filed
the appeal will be decided, and the definition of the necessary content of appeal (§ 265f).
Meeting and voting on the judgment
§ 126
During the consultation on the judgment, which decides on guilt and punishment, the Court shall examine the
in particular, the
He became a) whether an offence for which the accused is prosecuted,
(b)) whether this Act has all the characteristics of a criminal offence,
(c)) whether this Act was committed by the defendant,
(d) the defendant) whether this act criminally responsible,
e) whether criminalization of deed ceased to exist,
(f)) whether and what punishment the accused is to be saved,
(g)) whether and to what extent the defendant should be ordered to replace the
the injured the damage or non-material damage in money or issue
unjust enrichment,
h) whether and what protective measures should be saved.
§ 127
(1) the deliberations and the vote shall be in addition to the judges and lay judges
zúčastnivších, which immediately preceding the judgment, and
writers no one else present. About the content of the consultation should be maintained,
confidentiality.
(2) the vote shall be decided by a majority vote. If you cannot achieve a majority,
are the voices of the accused at least favorable to the votes for them
a more favorable for so long, until it reaches a majority. If the questionable that
opinion is more favourable to the accused, it shall decide by a vote.
(3) each Member of the Senate must vote, even if it was in some previous
the question of the swing vote. When voting on the sentence may, however, vote
refrain from those who voted for the waiver of the indictment; their voices
added to the voice accused the most agreeable.
(4) member of the vote before the judges. Lay judges and the judges of the younger vote
before the elders. President of the Chamber shall vote last.
(5) the vote shall draw up a special report (§ 58).
§ 128
The judgment
(1) the judgment must always be to declare; announces it President of the Chamber.
(2) Declare the introductory words "on behalf of Republic", the full text of the operative part,
at least a substantial part of the preamble and the letter of appeal.
Publication must be in complete conformity with the content of the judgment, as was
a vote of thanks.
(3) the judgment shall be published immediately after the end of negotiations, as a rule, that
the judgment was preceded by; If this is not possible, for the delivery of the judgment
negotiations continue for a maximum of three days.
§ 129
A copy of the judgment
(1) each judgment must be drawn up in writing. A copy of the judgment shall
be in conformity with the content of the judgment, as it was declared.
(2) If, after the delivery of the judgment by the Court or a specified period after
of the judgment, the Prosecutor and the defendant gave up the appeal and
said that they do not last for justification, and defendant at the same time
He said that he does not wish to submit the appeal in favour of other
an authorized person, the Court may draw up simplified judgment, that
does not contain a statement of reasons. If an authorized person may lodge an appeal in the
the benefit of the accused even against his will, can be simplified judgment
drawn up only in case of abandoning the appeal. If a judgment
multiple defendants, it is necessary to justify his statements in the sections that are
related to the person of the defendant, in which the conditions are not fulfilled for the
copies of the simplified judgment. If a right of appeal and the
damaged or the person concerned and if not surrendered this right is
also need to justify those statements against which they can lodge an appeal.
(3) if the judgment in writing has not been drawn up already in the meeting, the President of the
the Senate or the authorized judge, who was a member of the Senate, it shall draw up a
and passes to the delivery
a) in proceedings before the district courts and regional courts as courts of second
instance in detention matters within five working days, and in other cases
within 10 working days,
(b)) in proceedings before the regional courts as the courts of first instance, by the
courts and before the Supreme Court in matters of detention within 10 working
days, and in other cases within 20 working days.
Exceptions to these time limits allow, at the request of the presiding judge or the judge
vyhotovujícího judgment for serious reasons, in particular with regard to the
the sheer size and complexity of the case, in individual cases the President of the Court.
If the time-limit shall be extended by more than twenty working days, in writing
reasons, why it was not possible to lay down a shorter period. Otherwise, proceed
in accordance with paragraph 4.
(4) if the Chairman or any other Member of the renowned for his judgment in
in writing drawn up for the obstacle of a longer duration, it shall be drawn up on the orders of
President of the Court, another judge. In the case of a single judge, shall draw up the judgment of the
the judge designated by the President of the Court.
(5) a copy of the judgment shall be signed by the President of the Senate, and the one who is
drafted. If the President of the Chamber to sign a copy of the judgment for
an obstacle of a longer duration, podpíše is for him, another Member of the Senate; the reason for the
This is the copy of the judgment notes.
§ 130
The delivery of the judgment
(1) the judgment shall be served on the accused, in the copy of the public prosecutor,
the person concerned and the injured party which filed a claim for damages
or non-material damage in money or unjust enrichment,
and even if they were present during the delivery of the judgment.
(2) if the accused has a defence counsel or the legal representative shall send a copy of
the judgment also them.
(3) if the person concerned or a corrupted Guardian delivers the
a copy of the judgment is only the legal representative; If you have an agent, shall
only agents.
§ 131
Fix copy and a copy of the judgment
(1) the presiding judge may at any time by order of the special clerical
errors and other obvious inaccuracies occur in a copy of the judgment and
copies, so that the copy was in complete conformity with the content of
the judgment was announced. Fix may require even higher court.
(2) a copy of the resolution on the repair shall be served on all persons to whom it was served with a copy of the
the judgment.
(3) the decision on correction referred to in paragraph 1 shall be admissible a complaint,
which shall have suspensive effect.
(4) after the final resolution on the repair fix performs both in the
a copy of the judgment, and in copies from the persons to whom they were
delivered, will require for this purpose back.
§ 132
cancelled
§ 133
The effects of repair
If the repair copy of the judgment or the judgment of a copy patch
significantly affected the content of one of the sayings of the judgment, runs a
representatives and the corrected statement to the person directly concerned the time limit for appeal from the
delivery of a copy of the resolution about the patch, and if it was against the resolution on the repair
a complaint, after the decision on the complaint. About how it should be
the person directly concerned instructed verdict.
SECTION TWO
The resolution of the
§ 134
The contents of the resolution
(1) the resolution must contain
and the designation of the authority) whose decision it is,
(b)) a day and place,
(c) a statement indicating the resolution) the statutory provisions to which it is applied,
(d)) in the preamble, where the law provides for something else, and
(e)) the letter of appeal.
(2) the preamble should be, if it comes by nature of things in
account, in particular, mention the fact that they have been taken for proven,
the evidence on which the findings of credibility considerations governing the decisive
the Authority directed the evidence taken in the evaluation, as well as legal considerations on
under which the judge established facts pursuant to the relevant
provisions of the Act.
§ 135
Announcement of the resolutions of the
Declare to be the resolution, which was made in the Act
carried out with the participation of the persons concerned, the resolution as well as resolution,
which was made in the trial, public meeting or private
meeting.
§ 136
Copy of the resolution
(1) it is not necessary to make a resolution, which only governs the course of
proceedings or the taking of evidence or the manner in which orders or
preparing the trial.
(2) it is also necessary to make resolutions that are written in full
the version of the Act, unless it was necessary to send a copy of such
the resolution of some person to deliver. If it is to be delivered in this case
only the public prosecutor can deliver to him a copy, log.
(3) If, after the publication of the order or within the time limit established by the authority
law enforcement officials after the announcement of the resolution of the persons entitled to
a complaint pursuant to § 142 paragraph 2. 1 abandon the complaint and stated that they do not last
on a written justification, the authority in criminal proceedings make
simplified resolution that does not contain a statement of reasons; in the case of the resolution
to be in the enforcement process may Court of first instance
do this even if it is not against such a resolution to the complaint admissible.
If they have the right to lodge a complaint in favour of the accused person can be
simplified resolution drawn up only in the case that the accused declares
He wants to see these persons a complaint lodged on his behalf; If
so these individuals can make even against his will, he must give up the complaints.
§ 137
Notification of the resolutions of the
(1) a resolution shall be notified to the person directly concerned, as well as
the person who gave him his proposal for the initiative; order of the Court shall be notified to
also to the Prosecutor. Notification is done by either the announcement of the resolution in the
the presence of that which is necessary to the resolution of the report or the delivery
a copy of the order.
(2) if the person to whom it is necessary to notify the resolution, legal assistance, where appropriate,
an agent, just opened a resolution either person, or
to its advocates, or agents; If the resolution announces the delivery of
a copy shall be forwarded to the only defenders or agents. In the case of a person
divested of legal capacity or the capacity to
capacity is limited, which advocate, where appropriate, an agent has, the
the resolution of its legal representative.
(3) However, in announcing the accused persons who are deprived of the capacity to
legal capacity or the capacity to perform legal acts is limited,
the resolution, which has a complaint, you must notify to him, and
its advocates and its legal representative. If the accused is in custody, in the
imprisonment or under observation in a medical
the Institute, such resolution to announce how the accused, as well as its
even if defenders if the accused is a person whose capacity to
capacity is not limited.
(4) the resolution, which was decided on the appeal, the State
representatives, the person that is directly affected by the decision, and the person who your
the draft resolution gave the initiative, always in the copy.
§ 138
Application of the provisions of the judgment
If this section does not contain special provisions, shall be used to
resolution to apply the provisions of this title for the first section of the judgment.
THE THIRD SECTION
The legal power and the enforceability of the decision of the
§ 139
The legal power and the enforceability of the judgment
(1) the judgment is final, and unless otherwise provided by this law is something else, and
enforceable,
and the law against it) if the appeal does not allow,
(b)) if the law against him, although he admits the appeal, however,
AA) appeal was not lodged within the time limit,
BB) beneficiaries the Appeal expressly waived or is explicitly take
back, or
CC) filed appeal had been rejected.
(2) an appeal lodged just injured and an appeal lodged just interested
a person does not preclude the other parts of the judgment acquired legal force, and
have been carried out. Similarly, an appeal relating to just one of the more
defendants do not preclude a judgment for the other defendants took
legal authority and was executed.
(3) if the time limit for lodging an appeal has been missed, but was made
beneficiary request for the return period, you cannot out-
the final decision on this request.
§ 140
The legal power and the enforceability of the resolution
(1) the resolution is final and enforceable,
and the law against it) if the complaint does not allow,
(b)), although if the law permits the complaint against him, but
AA) the complaint was not filed within the time limit,
BB) authorized persons are expressly waived or complaints specifically take
back, or
CC) brought the complaint was rejected.
(2) the resolution is enforceable, even if not yet acquired legal force,
If the law against him, but admits she does not recognise complaint
suspensory effect.
(3) the complaint, which concerns only some of the more people or just some of the
more things are decided by the same resolution, not in
If it has a suspensory effect, ensure that the resolution came into force and
has been done in other areas, you can ungroup the pictures.
(4) if the time limit for lodging a complaint having suspensory effect
been missed, however, was made by an authorized person application for return of the period,
Unable to execute the resolution until the final decision on this request.
THE HEAD OF THE SEVENTH
Complaint and proceedings for her
§ 141
Admissibility and effect
(1) appeal against the resolution of a complaint.
(2) Complaints can be challenged every resolution of the police authority. The resolution of the
the Court and the Prosecutor can only complaints in those cases
where the law expressly permits and if they decide in the case in the first
the degree.
(3) against the decision of the Attorney can file a complaint
only if, under the law on complaints to decide
the Court. The complaints in these cases shall be decided by the Supreme Court. About
the complaint against the decision of the public prosecutor of the Supreme State
the Prosecutor's Office shall be decided by the Prosecutor.
(4) the complaint shall have suspensive effect only where the law expressly provides.
§ 142
Authorised persons
(1) unless otherwise provided in the Act of something else, you may complain to the person that
the resolution directly affects or which resolutions initiated by design, to
to the law authorizes; against the order of the Court may also make a complaint
the Prosecutor, even in favour of the accused.
(2) against a decision on detention, treatment and protection of security
detention may submit a complaint in favour of the accused whether or not the person that would
may lodge an appeal on his behalf.
§ 143
Time and place for the submission of
(1) the complaint lodged with the authority against which the resolution of the complaint,
within three days from the notification of the resolution (para. 137); If the resolution of the
announce how the defendant and his legal representative or lawyer, the
the period runs from the announcement, which was made at the latest.
(2) persons who, pursuant to the provisions of § 142 paragraph 2. 2 may submit a complaint
in favour of the accused, the deadline to submit a complaint on the same date as the
the accused person; the public prosecutor, however, a time limit always separately.
§ 144
The surrender and withdrawal of the complaint
(1) an authorized person may expressly waive the complaints.
(2) an authorized person may take the complaint specifically back until about
It has not been decided. A complaint to the public prosecutor may take back
State representative of the parent.
(3) a complaint made in favour of the accused or other authorised person
for the accused by counsel or legal representative, can be taken back only
with the express consent of the accused. The Prosecutor may, however, take
such a complaint back and without the consent of the accused. In this case, running
the accused person, the new deadline to submit complaints of the notification that the complaint
has been withdrawn.
(4) the Withdrawal of a complaint, unless the obstacles, the resolution noted the
the authority called for a decision on the complaint, and if the matter was not before this
submitted to the authority, the authority, against whose decision the complaint is made; in
proceedings before the Court makes this decision the President of the Senate.
§ 145
Stížnostní reasons
(1) the resolution can be challenged
and for some of its inaccuracy) of the operative part, or
(b)) for violation of the provisions on the procedure, which was preceded by resolution,
If the breach could cause one of the operative part
the resolution.
(2) the complaint may be to rely on new facts and evidence.
§ 146
Proceedings before the authority against which the resolution of the complaint is directed
(1) the Authority against which the resolution of the complaint is directed, it can satisfy itself,
If the change does not concern the original resolution of the rights of the other parties to the criminal
control. With regard to the resolution of the police authority, which has been issued with
the prior consent of the Prosecutor or on its instruction, the
the police complaints authority upheld only with the prior consent of the
the public prosecutor.
(2) if the time limit for lodging a complaint already to all entitled persons
has elapsed and the complaints have been upheld pursuant to paragraph 1, it shall submit the matter to
the decision of the
and) police authority to the Prosecutor, who shall exercise the above preparatory
management supervision, and in the case of a complaint against a resolution, to which the State
the representative gave the consent or instructed by supervisor
to the Prosecutor,
(b)), the State Prosecutor a superior public prosecutor or the Court,
(c) the presiding judge of the District Court) of the superior regional court,
President of the Chamber of the regional court superior to the High Court and the President of the
the Chamber of the High Court to the Supreme Court; in doing so, deliver, if it is
need a copy of the complaint to the Prosecutor and to the person who could be
decision on complaint directly affected,
(d)), the State Prosecutor, Prosecutor's Supreme
the public prosecutor.
§ 146a
Deciding on the complaint against the decision to ensure the people, things and
assets and imposing a fine
(1) a complaint against the decision authorising the Prosecutor
and binding), decided to, unless the decision to release the accused from
binding without the adoption of one of the measures of the replacement link,
(b)), decided to request the lifting of restrictions which prohibit
travel to foreign countries, imposing an interim measure (§ 88 m para.
2), that the meeting of the accused shall not be approved with a damaged, by a person he
nearby, or another person (section 88 d, paragraph 2), or the application for revocation
an interim injunction (section 88n (3)),
(c)) ensure funds on account with a Bank, or savings and
credit cooperatives or other institution that leads the account for another,
decided to block the pension insurance funds,
State contribution, the blocking of the funds of the supplementary pension
saving, pumping the financial credit and block block financial
rent, decided to limit such seizure or blocking of, or
has not complied with a request for revocation or limitation of such collateral or
block (§ 79a, paragraphs 1, 3, 4 and § 2),
d) secured the uncertificated securities, decided to limit such
security or has not complied with a request for revocation or limitation to ensure
book-entry securities (section 79c (5)),
e) ensure real estate, decided to secure a property constraint, or
has not complied with a request for revocation or limitation of such a provision (section 79 d
paragraph. 1, 7 and 8),
(f) intangible thing) decided on the restrictions ensure the intangible things,
or has not complied with a request for revocation or limitation of such a provision (§ .79e
paragraph. 1 and 8),
g) ensure a replacement value, decided on the restrictions to ensure replacement
values, did not perform the Act concerning secured replacement
values, or has not complied with a request for revocation or limitation of such
provision (section 79e)
h) changed the reason for ensuring things (§ 79 grams),
I) secured the assets for the purpose of securing a claim of the injured party or decided
on the limitation of collateral, did not perform the Act concerning
seized property, or has not complied with a request for revocation or limitation
such a provision (section 47 and section 48, paragraph 2 to 4)
(j) ensure that the assets of the accused) for the purposes of the performance of a financial penalty, or
the penalty of confiscation of property, judgment on restrictions ensure did not
the Act relating to the seized property, or has not complied with
a request for revocation or limitation of such a provision (section 344a, 344b, 347 and
349)
to) decided to imposing a fine (section 66 (1)) or
l) decided to destroy the things threatening the safety of people or property (section
op.81B paragraph 1. 1),
as a rule, shall decide within five days after the expiry of the time limit for lodging a complaint
all eligible persons to the Court in whose circuit is active, the State Prosecutor,
that issued the contested decision.
(2) a complaint against the decision of the police authority under section 66 paragraph 1. 1,
Section 79a of the paragraph. 1 and 3, § 2, § 79c para. 2, 3 and 5, § 79 d of paragraph 1. 1 and 7, §
.79e para. 1, 2 and 8, section 79e para. 2 or § 79 grams shall act within the time limit referred to
in paragraph 1, the Court in whose district the is active, the State Prosecutor, who
things shall exercise supervision of adherence to legality in preparatory proceedings.
The matter for decision to the Court Prosecutor.
The decision of the superior
§ 147
(1) when deciding on the complaint shall examine the superior authority
the accuracy of all statements) of the contested order, against which may
the complainant to file a complaint, and
(b) the proceedings preceding the contested resolution).
(2) where a complaint relates to only some of the more people or just some of the more
things about which it has been decided by the same resolution, examine the superior authority
only the correctness of the statements relating to that person or the Affairs and management of the
the previous section examined the resolution.
§ 148
(1) superior authority rejects the complaint
and if it is not permitted),
(b)) was made out of time, an unauthorized person, person who is she
expressly waived or that again filed a complaint already before the
explicitly took back or
(c)) is not a reason.
(2) as a lazy cannot be rejected a complaint by the person entitled
filed out of time just because they followed the wrong lesson to her
When notice was given of a resolution.
§ 149
(1) if the superior body does not reject the complaint, cancels the contested order, and
If you need to, as the case of the new decision, either
and) Decides to himself in the matter, or
(b)), whose authority stores the decision the complaint is directed to the things
again and decided.
(2) the court adjudicating on the complaint against the decision on the suspension of the criminal
the prosecution may also, if it is for the appropriate clarification of the items needed, when
annulment of the contested resolution to refer the case back to the Prosecutor for investigation, and
even in that case, that the prosecution was stopped after the regulation
the trial (§ 223 and 233). The provisions of section 191 applies here.
(3) if the defective part only of the contested order, and if it can be separated from the
the other, or if the complaint relates to only part of a resolution (section 147 (2)),
limits the superior authority of its decision referred to in paragraph 1 only to the part.
(4) if the defect in the fact that in the contested resolution a statement missing
or is incomplete, the superior authority, said without the annulment of the contested
resolution, either alone or added to it, is to save the authority against which
the decision of the complaint is directed to the operative part of a decision, or about a missing
an incomplete statement said.
(5) the court adjudicating on the complaint may, if it considers it necessary, order the
that thing was again discussed in the first instance and was decided in
Another composition of the Senate or another court of the same species and the same grade in the
its perimeter.
(6) the authority to whom the case was returned for reconsideration and decision, it is
When the decision is bound to the legal opinion, which in the case expressed
the superior authority, and is required to perform the tasks, the implementation of this
Authority has ordered.
§ 150
(1) the authority of the ruling on the complaint cannot change its premises
the resolution, to the detriment of the person who filed the complaint or in the
favour of the complaint was filed.
(2) if the superior authority of the resolution in favour of the accused for the reason
that also benefits the one spoluobviněnému, also in the resolution changes
the benefit of this spoluobviněného.
(3) the provisions of paragraph 1 shall apply mutatis mutandis for the authority to whom the case was
ordered a new hearing and decision.
CHAPTER EIGHT
The costs of criminal proceedings
§ 151
The costs of criminal proceedings, which shall be borne by the State
(1) the expenditure required for the implementation of the criminal proceedings, including proceedings
enforcement shall be borne by the State; However is not its own costs of the accused,
the person concerned, and the injured party, or by selecting the releases caused by the defence counsel and the
the monitoring trustee. However, the State bears the cost of necessary defence which the accused
as a result of filing a complaint for violation of the law.
(2) Defender, who was appointed to the accused person has towards the State are entitled to
remuneration and reimbursement of cash expenses, according to specific rules. ^ 2) claim is
to be redeemed within one year from the date when the Defender learned that
the duty to defend is over, otherwise the claim shall cease; This claim,
If a payer of value added tax, shall be increased by the amount corresponding to
This tax, which is a defense attorney must pay for representation and of refunds
cash expenses payable under special legislation. ^ 3)
The provisions of the second sentence shall also apply in the case where the Attorney is
a companion legal persons established under special legislation
governing advocacy ^ 3a) and the tax payer is this legal
person.
(3) the amount of remuneration and the reimbursement of cash expenses shall, on a proposal from the advocate
body active in criminal proceedings, who led the proceedings at a time when advocates
the duty to defend is over, and without undue delay, no later than
within two months of filing the application. In the proceedings before the Court shall decide the President of the
the Senate of the Court of first instance. On a proposal from the advocate can authority
criminal proceedings to adopt measures to ensure that a lawyer has been given yet
before the end of the prosecution a reasonable advance on the remuneration and compensation
cash expenses, if this is justified by the duration of the criminal
prosecution or other serious reasons.
(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has
suspensory effect.
(5) the Remuneration and reimbursement of cash expenses must be paid without undue
delay after their return, not later than 30 days.
(6) the provisions of paragraphs 2 to 5 shall be used for deciding the amount of
remuneration and the reimbursement of cash expenses of the chosen defence counsel that the accused has
entitled to free defence or defence for a reduced fee, and
designated agent of the injured party.
§ 151a
(1) an accused person who is entitled to a free defence or defence
a reduced fee, and the injured party which is entitled to the provisions of the agent,
may request that the President of the Senate and in preliminary proceedings, the Prosecutor
decided that the State will bear the costs of the assessment, which
the accused or damaged. The request cannot be satisfied, if such
proof is not to elucidate things apparently takes the same or to
proving the same facts already requested authority in criminal proceedings.
(2) against the decision referred to in paragraph 1 shall be admissible complaint.
The obligation to pay the costs of criminal proceedings
§ 152
(1) If a defendant has been finally convicted, is obliged to compensate
State
and performance) costs associated with the binding,
(b)) and finished the expenditure effected a nominated defenders of the State, if
the defence is not entitled to a free,
(c)) the costs associated with using electronic control system in
conditional release from imprisonment,
d) costs associated with the performance of imprisonment and with the power of punishment
house arrest and
e) lump-sum payments other costs borne by the State.
(2) the daily rate attributable to the costs associated with the performance of the binding, the cost
associated with the use of an electronic control system when the conditional
release from prison and the costs associated with the performance of
the sentence of house arrest, and the method of payment of these costs down
The Ministry of justice generally binding legal regulation.
(3) a lump sum referred to in paragraph 1 (b). e) lays down the General
binding legislation, Ministry of Justice.
(4) the costs associated with the performance of a sentence it modifies
the law on imprisonment.
section 152a
To manage the payment of the debt claims referred to in § 152 paragraph 1. 1 proceed
According to the tax code.
§ 153
(1) the person who filed the appeal or the proposal completely to no avail on the retrial,
the State is obliged to pay the costs of this proposal, and that the flat-rate
the amount, which is determined by the Ministry of justice generally binding
legal regulation. Furthermore, is obliged to compensate the State reward and finished
expenditure advocates, if it was in the context of such a proposal is appointed,
unless the accused is entitled to defence or the defence of a free
a reduced fee.
(2) the obligation to compensation referred to in paragraph 1 does not affect the State Attorney
and the authority responsible for the care of young people.
§ 154
The obligation to refund the cost of the damaged
(1) if the injured party is at least in part, entitlement to compensation
or non-material damage in money or unjust enrichment,
the person to whom an obligation to compensate for damage or non-material
harm or unjust enrichment is stored, shall be obliged to
to replace the injured party whether or not the costs needed to effective application of this
the claim in the criminal proceedings, including the costs incurred in retaining an agent.
(2) the Court even if the victim was not entitled to compensation
damages or non-material damage in money or unjust
enrichment or in part, shall, on application of the injured party that is
to the person obliged to pay the injured party stores all or part
costs associated with the participation of the victim in criminal proceedings (article 155 para.
4), unless the nature of the case and the circumstances of the case, in particular,
the contributory negligence of the injured party. For reasons worthy of special consideration, compensation
be reduced accordingly; taking into account in particular the nature of the offence,
personal and financial circumstances of the injured party and the convicted person. The reduction cannot be
This, in the case of an intentional criminal act.
Deciding on the obligation to reimburse the costs of criminal proceedings and on their
the amount of the
§ 155
(1) on the obligation of the convicted person to pay costs associated with the performance of
binding and of the obligation to pay remuneration and cash expenses paid
the appointed lawyer by the State [§ 152 paragraph 1 (b)), b)] decides, after
Chairman of the Board of the judgment court of first instance.
(2) on the obligation of the convicted person to pay costs associated with the performance of
the sentence of house arrest will decide after the sentence or part thereof
the President of the Senate of the Court of first instance. ".
(3) on the obligation of the convicted person, who has been conditionally released from exercise of
imprisonment, to pay the costs associated with the use of electronic
control system of the President of the Chamber of the Court shall decide that the convicted person from
imprisonment. In doing so, shall apply mutatis mutandis
specific legal provisions governing reimbursement of costs associated with the performance of
the sentence of house arrest, and the method of payment.
(4) on the obligation of the convicted person to replace the injured party the costs required to
effective exercise of the right to compensation for damage or non-material damage or
on the issue of unjust enrichment in the criminal proceedings or other costs
related to the participation of the victim in criminal proceedings and on their level of
After the judgment, shall decide on the proposal of the President of the Senate of the injured party
Court of first instance; the claim is to be applied within one year of legal
the power of conviction, otherwise ceases to exist.
(5) on the obligation of the convicted person to pay the costs incurred by the State to the provisions of
Agent to the victim and the amount thereof shall decide, after the judgment
the President of the Senate of the Court of first instance without an application.
(6) against the decisions referred to in paragraphs 1 to 5 shall be admissible a complaint that
shall have suspensive effect.
§ 156
If the amount of the fixed costs [section 152 (1) (b), (e)) and §
paragraph 153. 1] kolkovými marks have not been paid, it shall decide on the obligation to
to their reimbursement by the judgment of the Court of the first President of the Senate
the degree.
PART TWO
Preliminary proceedings
§ 157
General provisions
(1) the Prosecutor and the police are obliged to organize their
activities so as to effectively contribute to timeliness and merits test of criminal
prosecution.
(2) the Prosecutor may save police authority implementation of such
operations, which is the authority empowered to do so, and they may need to
the clarification of the case or to identify the perpetrator. To examine the facts
indicating that a crime has been committed, is a State representative
Additionally entitled to:
and require from the police authority) files, including the files in which it was not
initiated criminal proceedings, documents, materials and messages about how to
polling notifications,
(b) withdraw any thing) police authority and to take measures to ensure that
the case was ordered to another police authority,
c) temporarily postponed the commencement of prosecution.
(3) in serious and complex cases in may, the public prosecutor or
Police take advantage of technical support consultant who has knowledge of
a special field of study. A proposal for the selection of a person as a consultant may
also ask the Administrative Office, other authority, scientific or research
institution. About to bring in a consultant to draw up a State Prosecutor or police
authority record. With the consent of the public prosecutor or the police
authority, the consultant to the extent necessary for the performance of its functions
access to the file and to be present at the execution of acts of criminal proceedings.
To perform tasks, however, must not interfere. Of all the facts on which the
the consultant learned during the criminal proceedings, shall
maintain confidentiality. The exclusion of the consultant shall be used
specific provisions on the experts and interpreters. The participation of a consultant
does not relieve the State Attorney and the police of responsibility for the legal
the progress of the criminal proceedings.
section 157a
Application for examination of the procedure of the police authority and the public prosecutor
(1) a person against whom the criminal proceedings and the injured party have the right to
at any time during preliminary proceedings to ask the Prosecutor to
eliminated delays in proceedings or defects in the procedure of the police authority.
This request is not bound by the deadline. The request of the public prosecutor must be immediately
present and the Prosecutor must immediately deal with it. On the outcome of
a review of the applicant must be notified.
(2) an application for the removal of delays in proceedings or defects in the procedure of the State
the representative of the public prosecutor shall be handled immediately increased the State
the Prosecutor's Office.
THE HEAD OF THE NINTH
Before you begin criminal prosecution procedure
§ 158
(1) a police authority shall on the basis of its own findings, criminal
announcements and suggestions of other persons and bodies, under which you can make
conclusion on suspicion of having committed a criminal offence, to take all necessary
investigation and measures to detect facts indicating that it has been
committed a crime, and to examine its perpetrators; is obliged to
do also the necessary measures for the prevention of crime. In charge of
the authorities of the prison service of the Czech Republic shall immediately notify the General
inspection of security forces, once such an investigation.
(2) notice of the facts indicating that has been committed
offence, is obliged to receive the Prosecutor and police authority.
In doing so, the Notifier is required to learn a lesson about responsibility for consciously
false information, and if the developer so requests, within one month from the
notification to notify of the measures taken.
(3) to initiate the operations of the criminal proceedings to clarify and examine
the facts reasonably indicating that a crime has been committed,
draws up a police authority shall immediately record stating factual
the circumstances in which the procedure is commenced, and the way they are
learned. A copy of the record shall, within 48 hours of the start of criminal proceedings
the public prosecutor. If there is a risk of delay, the police authority
record draws up after making the necessary urgent and unrepeatable
the acts. To clarify and examine the facts reasonably indicating
that a crime has been committed, the police provided the necessary documents
and the necessary explanations and ensures traces of the offence. In the context of the
shall be entitled to, in addition to the acts referred to in this title, in particular
and require an explanation from) natural and legal persons and State
authorities,
(b) require the professional comments from) the competent authorities, and if it is for
adjudication of the matter must, whether or not expert opinions,
(c)) to cater to the necessary documents, in particular the writings and other written
materials,
(d)) to perform an inspection of the case and the crime scene,
e) require under the conditions specified in § 114 of blood test or
another similar act, including the collection of the required biological
material,
(f)) to capture audio and video records of persons, under the conditions laid down in
§ 114 scan fingerprints, make necessary a person of the same sex or
doctor examination of the body and its external measurements, if it is necessary to
the identification of the person or to detect and stop or capture
the consequences of crime,
(g)) under the conditions provided for in § 76 to apprehend the suspect,
(h)) under the conditions set out in section 78 to 81 make decisions and measures in
those provisions implied by,
I) in the manner specified in the title of the fourth to carry out emergency or
unrepeatable acts, if under this law for their implementation
does not belong to the exclusive competence of another authority participating in criminal proceedings.
(4) the individual acts of criminal proceedings to clarify and examine
the facts reasonably indicating that a crime has been committed,
can also be carried out at the request of other police authorities.
(5) when making an explanation has every right to legal assistance of a lawyer.
If the explanation is required from a minor, it should be about the Act in advance
notify its legal representative; This does not apply if the Act
cannot be delayed, and notice of the legal representative cannot be ensured.
(6) an explanation of the content that are not urgent or
second chance Act, draws up the official record. The official record is used
to the Prosecutor and the accused person to consider the proposal, that the person who
such explanations were made, was heard as a witness, and of the Court to
the consideration of whether such evidence. The official record of the proceedings before the Court can
used as evidence only under the conditions laid down in this law. If the person is
who explain, later interrogated as a witness or as the accused,
He can't be read, record, or otherwise noted its contents.
(7) the police authority may ask the person to come to the Administration
explanation in due time to the specified location; in proceedings for a crime is
a person required to comply with the call immediately. If the person who has been duly
asked to explain, without sufficient justification, it may be
demonstrated. On this and on other consequences (section 66) shall be such
the person has been advised.
(8) the Explanation referred to in paragraph 3 shall not be required from those who would
It has broken the state explicitly the stored or recognized the obligation to
confidentiality, unless he was relieved of this obligation by the competent authority
or in whose interest has this obligation. Person making an explanation
with the exception of the suspect is required to testify the truth and nothing nezamlčet;
explanations may refuse access if it caused the risk of criminal
the prosecution itself or to the persons mentioned in § 100 para. 2; about how it should be
the person from whom it is required an explanation in advance. Where revision
found the circumstances of the person submitting an explanation will need to be as
the witness to provide protection to consider when drafting an official record
proceed in accordance with § 55 para. 2.
(9) if the testimony of the person the nature of the urgent or unrepeatable
the Act, the police authority it shall be heard as a witness, under the conditions referred to in
section 158a. As a witness shall be heard and a person under 15 years of age and the person on the
the ability to correctly and completely to perceive, remember, or
reproduce are considering her mental state.
If it can be assumed that further examination of criminal complaint or
Another initiative, criminal prosecution will take longer, in particular
Therefore, it is not known to the person for whom it is sufficiently justified the conclusion
that the offence committed, and as a result, you cannot initiate criminal
prosecution and risk losing the probative value of the testimony, it is possible to hear the
as a witness and the person whose testimony has provided a reasoned, provided
of decisive importance for the initiation of criminal prosecution, where revision
the established facts that could be on such a person for his or her
testimony, or threatens to pressure for another reason, that will be affected by
her statement. If these people were not interrogations after the initiation of criminal
the prosecution conducted pursuant to section 164 paragraph again. 4, can be logs of their
testimony in the trial or read the video and sound recordings
about their interrogation, carried out by the public prosecutor
device play only pursuant to section 211 para. 1, para. 2 (a). and), para. 3
(a). (b)), (c)); otherwise, you can only say their interrogation logs
under section 212.
(10) Who will come to the call for submission of explanation, is entitled to reimbursement
the necessary expenses under special legislation governing travel
compensation and the proven loss of earnings under the same conditions as a witness.
The claim is not the one who has been invited to appear for their illegal
the negotiations.
(11) if the measures or operations referred to in the preceding paragraphs, other
police authority than the Police Department of the Czech Republic, the subject
the Investigation Department of the police of the Czech Republic immediately, that would otherwise be
responsible for the proceedings. If a dispute arises between the service of the police of the Czech Republic and
Another dispute about the jurisdiction of the police authority, shall refer the matter to the assessment
the public prosecutor. Its opinion is binding.
(12) if the facts indicating that it has been
committed a crime, found that appropriate management is the General
inspection of security forces, police authority about the subject of the investigation
shall immediately inform and give her. Until general inspection
security forces will take over the case, the police authority is authorized to perform
only urgent and unique acts. If a dispute arises between the police
authority and the General inspection of security forces dispute on jurisdiction,
the police authority of the thing shall be submitted for assessment to the competent public prosecutor.
Its opinion is binding. The provisions of paragraph 11 shall not apply.
section 158a
If the facts indicating that has been committed
offense, and his discovery of the offender must perform emergency or
unrepeatable Act consisting in the hearing of a witness or in the rekognici,
does the design of the public prosecutor, such an act with the participation of the judge;
the judge in that case shall be responsible for the legality of the Act and to
the objectives of the Act can intervene. However, it is not for judges
to review the Prosecutor's conclusion that the Act is in accordance with the law
urgent or unrepeatable.
Operatively-search resources, and their conditions of use
§ 158b
(1) unless otherwise stipulated, the police authority, if it was
commissioned by the competent Minister, in the case of service of the police of the Czech Republic,
Chief of police, if it is a general inspection of the safety
Corps, its Director, in the case of the Department of military intelligence, his
the Director, and in the case of service of the security information service, its
Director, and if it is a service of the Office for foreign relations and information,
its Director, authorized in the management of intentional crime use
operatively-search resources, which mean
and feigned conversion)
(b)) to monitor persons and objects,
(c)) the use of the agent.
(2) the use of resources must not watch search operatively other interest
than getting the facts important for criminal proceedings. These resources
can be used only if you cannot achieve the purpose pursued otherwise
or if it was otherwise would achieve substantially difficult. Rights and freedoms
people can be restricted only to the extent absolutely necessary.
(3) Audio, video and other records obtained when using the operationally
Search the resources in a manner consistent with the provisions of this Act,
It can be used as evidence.
§ 158c
Feigned conversion
(1) the Mock transfer shall mean purchase, sale, or obfuscation
Another way of transfer of the subject of performance including the transfer case,
and for which possession is) need a special permit,
(b) the holding of which is not permitted),
(c)) that comes from the offence, or
(d)) which is intended to commit a crime.
(2) the Canadian transfer can take place only on the basis of the written
the authorization of the public prosecutor.
(3) where the matter does not tolerate delay, can be feigned transfer without
the authorization. The police authority is, however, obliged to permit without delay
Additionally, if the 48 hours does not receive, shall be obliged to
implementation of the předstíraného exit and transfer the information that is in this
the context of learned not to use in any way.
(4) a transfer shall draw up a mock police authority record to 48
hours delivers to the Prosecutor.
§ 158d
Tracking people and things
(1) the Monitoring of persons and things (hereinafter referred to as "tracking") means the obtaining
the knowledge of the persons and property carried out by classified means, both technical
or by other means. If the police authority in monitoring detects that
the accused and his defence counsel communicating, is obliged to record the content of this
destroy the communication and knowledge learned in this context,
not use in any way.
(2) the monitoring, which are to be procured through the sound, image, or
other records can be made only on the basis of the written permission
the public prosecutor.
(3) If monitoring is to be interfered with to the inviolability of the dwelling, to
postal secrecy or discovered the contents of other documents and records
held in private in the use of technical means, can be
take place only on the basis of prior authorization of a judge. When entering the
the dwellings shall not be carried out any operations other than those that are directed
to the position of technical means.
(4) the authorisation referred to in paragraphs 2 and 3 may be issued only on the basis of the written
request. The request must be justified suspicion of a particular criminal
activity and, if known, whether the particulars of the persons or things to be
tracked. In the authorization must be determined the period during which it will monitor
carried out and which may not be longer than six months. This time, the
who authorised the monitoring, on the basis of a new request in writing extend the always
for a maximum period of six months.
(5) if the matter does not tolerate delay, and unless the cases referred to in paragraph 3,
You can start tracking without permission. However, the police authority is obliged to
authorisation without delay and, if retrofitted them to 48 hours
does not receive, shall be obliged to end the monitoring, any record to destroy and
the information that is learned in this context, not to use in any way.
(6) without meeting the conditions referred to in paragraphs 2 and 3 may be watching this,
unless expressly agrees that the rights and freedoms is to be
monitoring of tampered with. If such consent is subsequently revoked,
tracking is immediately stopped.
(7) Has to be taken when monitoring recording used as evidence, it must be
to connect to the Protocol with the formalities referred to in section 55 and 55a.
(8) if they were not really important when monitoring detected for
criminal proceedings, it is necessary to destroy the records in the prescribed manner.
(9) the operators of telecommunications activities, their employees and other
persons for the operation of telecommunications activities involved, as well as
and mail or the person performing the transport of consignments shall not:
provide the police authority performing the monitoring according to his instructions
the necessary assistance. While confidentiality cannot be invoked
provided for by special laws.
(10) in another criminal case, than the one in which the monitoring under the conditions
referred to in paragraph 2 carried out, can be taken in monitoring and recording
the attached protocol used as evidence only if also in this case
proceedings of the intentional crime or with the consent of the person to
whose rights and freedoms have been watching at all.
section 158e
The use of agent
(1) If criminal proceedings for a crime for which the law provides for the
a custodial sentence of a maximum criminal at least eight years, for
an offence committed for the benefit of organized criminal groups, for
the crime plots in insolvency proceedings under section 226 of the criminal
code, violation of the rules on competition rules under section
paragraph 248. 1 (b). (e)) and paragraph 2. 2-4 of the criminal code, the negotiation of benefits
When the award of the contract, when the public competition and auction, according to the
section 256 of the criminal code, the plots in the award of public contracts and
public competition pursuant to section 257 of the criminal code, the public schemes
auction under section 258 of the criminal code, the abuse of power of a public official
under section 329 of the Penal Code, passive bribery pursuant to section 331 of the criminal
code, bribe under section 332 of the criminal code, the indirect
bribery pursuant to section 333 of the criminal code or other wrongful
an offence for which prosecution agrees to a renowned international treaty,
the Czech Republic is bound, is a police authority, if it is
Department of the police of the Czech Republic or the General inspection of the safety
use the agent shall be entitled to congregations.
(2) the agent is a member of the police of the Czech Republic or the General
inspection of security forces filling the tasks assigned to him by the management
the police authority, acting as a general rule, the concealment of the actual
the purpose of their activities. If it is to use an agent, preparing it or to
its protection is a must for the concealment of his identity can be
and the legend of the other), create personal existence and personal data
from this legend, introduce into information systems operated by
special legislation,
(b)) to carry out an economic activity, to which they should be
a special permission, permit or registration,
(c) the jurisdiction of the police of disguise) of the Czech Republic or to the General
inspection of security forces.
(3) the public authorities are obliged to provide to the police of the Czech
Republic and general inspection of security forces without delay
necessary assistance in carrying out the permission referred to in paragraph 2.
(4) the use of an agent authorised to draft the public prosecutor of the high
the Prosecutor's Office, High Court judge within whose jurisdiction is the State
Representative, submitting, active. The authorisation shall indicate the purpose of the
the use and the time during which the agent will use, and enabling the
identify the agent. On the basis of a new proposal, containing the evaluation
the former agent, you can extend the period of the permit, and even
repeatedly.
(5) to track people and objects in the scope specified in § 158d para. 2 and the
the implementation of předstíraného transfer pursuant to section 158c, the agent doesn't need another
the authorization.
(6) the Agent is obliged to operate such resources that
are eligible to fulfill his professional task and which is not otherwise
persons suffering injury on their rights beyond what is strictly necessary.
Other obligations under a special law governing the position of
members of the police of the Czech Republic or by a special Act
adjusting the position of the members of the General Inspectorate of security
Corps does not have.
(7) the public prosecutor is obliged by the competent police authority
require the data needed to assess whether there are grounds for the use of
Agent and whether its activities in accordance with the law. The following information is
shall regularly, at least once every three months, assess, and
no longer exist if the reasons for an agent, give police authority to instruct it to
immediate termination of the activities of the agent. The police authority is obliged to
submit to the Prosecutor record of the result of the use of the agent.
§ 158f
If the reason for the use of search devices to operatively
the initiation of criminal proceedings, proceed in accordance with § 158b to 158e; After
indictment of their use is decided by the President of the Chamber of the Court of
of first instance without an application by the public prosecutor.
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The end of the scan
§ 159
(1) a police authority is obliged to examine the facts suggesting
that a crime has been committed,
and) within two months of their adoption, in the case of a thing belonging to the
the jurisdiction of a single judge, in which there is no abbreviated preparatory proceedings,
b) within three months, in the case of other thing belonging to the jurisdiction of the district
the Court, and
(c)) within six months, if it is a thing belonging in the first instance to the
jurisdiction of a regional court.
(2) If a notice or other initiative within the time limits referred to in
paragraph 1 to be examined, police authority to the Prosecutor in writing
reasons, why it was not possible in the time limit stipulated by the verification
end up, what tasks still need to be done and how long it will
continue scanning. The State Prosecutor may instructing police authority
First, change the enumeration of acts that have yet to be made, on the one hand
to provide for a period during which differently has yet to take a scan.
(3) if the police authority does not terminate the scan time limit extended pursuant to
paragraph 2, he shall submit the dossier to the Prosecutor by a reasoned proposal on the
its extension. The Prosecutor shall proceed mutatis mutandis, as shown in the
paragraph (2).
Section 159a
Postponement or other stuff pending
(1) except in the case of a suspicion of an offence, the public prosecutor or
the police authority of the thing, if the resolution is postponed is not in place to settle
thing else. Such expediting may be particularly
and submission to the competent authority of the case) to discuss the offence or other
the administrative offense, or
(b) commits stuff to another body) to kázeňskému or kárnému.
(2) the public prosecutor or police authority prior to the initiation of criminal
the prosecution shall postpone the resolution of the matter, if the criminal prosecution is inadmissible pursuant to §
11.
(3) the public prosecutor or police authority may, prior to the initiation of criminal
prosecution to postpone the resolution of the matter, if the prosecution is purposeless because
in the circumstances referred to in section 172 para. 2 (a). a) or (b)).
(4) the Prosecutor may defer if the results of the scan
It is apparent that there is a circumstance referred to in section 172 para. 2 (a). (c)).
(5) the Prosecutor or the police authority also postpones the matter if the
Unable to determine the facts entitling to initiate criminal prosecution (§
160.) if the reasons for postponement have ceased to exist, the prosecution begins.
(6) the resolution on the postponement of the matter must be delivered to the victim, if the
I know. Resolution on the postponement of the things referred to in paragraphs 1 to 5 shall be delivered to the
within 48 hours to the Prosecutor. The notifier shall inform about the postponement of the case,
If, pursuant to section 158 paragraph 2. 2.
(7) against the resolution on the postponement of the case the injured party referred to in paragraph 6
to file a complaint, which has a suspensory effect.
section 159b
Temporary stay of criminal prosecution
(1) if it is necessary to clarify the crimes committed in the
favour of the organized criminal group, or deliberate
of the offence, or the findings of their perpetrators, the police authority
with the consent of a prosecutor temporarily postponed the commencement of
prosecution on as long as necessary, but no longer than two months.
(2) if the reasons for which prosecution was deferred temporarily,
the Prosecutor may, on a proposal of the police authority must agree with
extension of the period referred to in paragraph 1 for a maximum of another two months, and
It repeatedly.
(3) on the temporary postponement of the criminal prosecution of police authority shall draw up
a copy of the record to 48 hours shall be sent to the Prosecutor.
(4) if the reasons for the temporary stay of criminal prosecution, the police
institution of criminal prosecution shall be initiated forthwith.
THE HEAD OF THE TENTH
The initiation of prosecution, the next steps in it and the shortened preparatory
control
THE FIRST SECTION
Commencement of prosecution
§ 160
(1) if the revision of the examination under section 158 established and justified
the fact that the crime was committed, and if it is sufficiently
justified by the finding that a person has committed, it decides to police authority
without delay to initiate the prosecution of that person as the accused,
If there is no reason to the procedure under Section 159a para. 2 and 3, or section 159b of paragraph 1.
1. the operative part of the resolution on the initiation of the criminal proceedings must contain a description of
deed from which the person is accused, so that it cannot be confused with the
the other, the legal designation of an offence, which in this deed
seen; the accused must be in the resolution on the initiation of criminal prosecution
marked with the same information, which must be given in respect of the person of the accused in the
the judgment (article 120, paragraph 2). In the preamble to the resolution you need to accurately mark the
the facts that justify the conclusion on the merits test of criminal prosecution.
(2) a copy of the resolution to initiate a criminal prosecution must be delivered
the accused no later than the beginning of the first interview and to 48 hours
to the Prosecutor and defense lawyers; for a defender, that period shall run from the delivery
his election or provision. A copy of the resolution on the initiation of criminal
the prosecution must also be delivered to the injured party, if his residence or
the seat of the famous and if expressly so requests. A copy of the resolution on the initiation of the
the prosecution advocate should be delivered to the Minister without delay, also
of Justice and the President of the Chamber. A copy of the resolution on the initiation of criminal
the prosecution of a member of the police of the Czech Republic, a member of the prison service
services of the Czech Republic and/or customs officer or employee of the United States,
qualified to work in the police of the Czech Republic, the prison service
The United States, or in the customs administration of the Czech Republic delivers General
inspection of security forces is also the Director of the competent security
the choir.
(3) a police authority shall carry out the necessary urgent or unrepeatable
acts, and the prosecution if you cannot reach to these acts
carried out by the competent authority, and at the latest within three days of their implementation
shall transmit the case to the authority, which continues to control.
(4) the Emergency Act is such an Act, that due to the risk of
the destruction, destruction or loss of evidence does not tolerate in terms of the purpose of the criminal
the proceedings for a period of grace before prosecution.
A unique Act is such an act that will not be before the Court
to do this. In the Protocol on the implementation of urgent or unrepeatable
the Act should always be noted, on the basis of which the Act was in fact
urgent or unrepeatable is assumed.
(5) If during the investigation revealed that the accused committed the next
deed that is not listed in the resolution on the initiation of criminal proceedings,
proceed on this deed in the manner specified in paragraphs 1 and
2.
(6) If during the investigation revealed that the Act for which it was
prosecution is another crime than in
resolution on the initiation of criminal prosecution of legally assessed shall inform the
the police authority of the accused and shall make a record of it in the log.
(7) against the decision to initiate the criminal prosecution of the accused may submit a
the complaint.
SECTION TWO
The investigation of
§ 161
Investigative bodies
(1) the investigation indicates the section of the criminal prosecution before submitting
the indictment, the application for approval of the agreement on the guilt and punishment, through
another body or the cessation of criminal prosecution, including the approval of the
settlement and conditional cessation of criminal prosecution before submitting
the indictment.
(2) unless otherwise provided by law, investigation departments of the police of the Czech held
of the Republic.
(3) the investigation of crimes committed by members of the police of the Czech
of the Republic, members of the prison service of the Czech Republic, customs or
the staff of the United States registered to work in the police of the Czech
Republic and on offences committed by employees of the United States
included to work in the prison service of the Czech Republic or in
The customs administration of the Czech Republic in connection with the performance of their work
tasks, General Inspectorate of security forces.
(4) investigation of crimes committed by members of the General
inspection of security forces, members of the security information
the service, members of the Office for foreign relations and information, members of the
Military intelligence, or members of the military police and the
investigation about the crime of workers United Kingdom, classified
to work in the General inspection of security forces, held State
representative; in doing so, it shall proceed mutatis mutandis in accordance with the provisions governing the
the procedure of the police authority who had the investigation. The provisions on the consent of the
the public prosecutor, which is needed to perform the Act police authority,
with, of course. In the investigation of criminal offences committed by members of the
General Inspectorate of security forces, members of the Security
information services, members of the Office for foreign relations and information,
members of the military intelligence, or members of the military police
and in criminal investigations of employees of the Czech Republic,
included to work in the General inspection of security forces,
prosecutors can request the authorities referred to in § 12 para. 2 in the context of
their scope for action of individual evidence or perform
an individual act of investigation, on the taking of evidence or
the implementation of the Act, for a demonstration of the investigation of a person or in accordance with
§ 62 para. 1 service of documents. This authority is required to State
the representatives comply swiftly with.
(5) subject to the conditions referred to in section 20 (2). 1 held
and) General Inspectorate of security forces investigation referred to in paragraph 3
even against those spoluobviněným who are not members of the police of the Czech
of the Republic, members of the prison service of the Czech Republic and/or customs
or employees of the United States, included to work in the Police
The Czech Republic, the prison service of the Czech Republic or in customs administration
The United States,
(b) the Prosecutor's investigation) pursuant to paragraph 4 (i) against those
spoluobviněným who are not members of the General Inspectorate
security forces, members of the security information service,
members of the Office for foreign relations and information, or members of the
Military intelligence, or members of the military police, or
the staff of the United States, included to work in General
inspection of security forces.
The provisions of § 23 shall remain unaffected.
(6) the investigation may take place and the captain of the ship during the long-haul voyages of
crimes committed by the ship; in doing so it shall proceed mutatis mutandis
in accordance with the provisions governing the procedure of the police authority who had the
the investigation.
(7) the investigation of offences to the German armed forces
committed in the performance of tasks abroad can take place and the competent authority of the
The military police.
(8) the individual acts of investigation may also be carried out at the request of
other police authorities.
§ 162
Referral to the competent police authority held an investigation
(1) where a complaint or any other inducement to criminal prosecution
examined other police authority, other than that referred to in § 161 para. 2, and
the established facts justifying the initiation of criminal proceedings, this
the police authority shall refer the matter without delay to the authority competent to take place
the investigation. This does not affect the obligation on the basis of a letter of authority
trying to annotate individual evidence, investigation, or on the basis of
such an instruction to perform.
(2) if the police authority referred to in § 161 para. 2, which was
matter is referred to another authority, is not considered appropriate, it shall submit the writings
immediately with their opinion to the Prosecutor; otherwise, continues
control.
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§ 163
The prosecution with the consent of the injured party
(1) a prosecution for the offences of bodily harm (section 146
of the Criminal Code), a maiming of negligence (§ 147
of the Criminal Code), bodily injury by negligence (§ 148 of the criminal
Code), failure to provide assistance (article 150 of the Penal Code), failure to
help driver of means of transport (article 151 of the Penal Code),
risk of sexual diseases (article 155 of the Criminal Code), restraint
freedom under section 171 paragraph 2. 1, 2, of the criminal code, extortion by § 175
paragraph. 1 of the Penal Code, violations of House of freedom (section 178 of the criminal
Code), damage to foreign rights (section 181 of the Criminal Code), violations of the
the secret documents and other documents kept in private (section 183
of the Criminal Code), sexual coercion pursuant to § 186 paragraph. 1, 2
the criminal code, theft (section 205 of the Criminal Code), embezzlement (section
206 of the Criminal Code), unauthorized use of foreign matter (§ 207
of the Criminal Code), unlawful interference with the right to a House, flat or
nebytovému space (section 208 of the Penal Code), fraud (section 209
of the Criminal Code) handling stolen goods (section 214 of the Criminal Code),
offence of negligence (section 215 of the Criminal Code), usury (§ 218
of the Criminal Code), concealment (section 219 of the Criminal Code), violations of the
obligations in the management of foreign assets (section 220 of the Penal Code),
breach of the duty to manage the foreign assets of negligence (§ 221
of the Criminal Code), damage to the creditor (section 222 of the Penal Code),
damage to Foreign Affairs (section 228 of the Criminal Code), hazardous
threats (Article 353 of the Penal Code) and stalking (section
354 of the Penal Code) against a person who is in relation to the injured party
person against whom should the sufferer as a witness of the right to refuse to testify (para.
100 paragraph 1. 2), and criminal prosecution for the crime of rape under § 185
paragraph. 1, 2, of the criminal code against a person who is or at the time of
the crime was related to the victim by her husband, partner or companion, as well as
for the offence of drunkenness (section 360 of the Criminal Code), unless otherwise
the hallmarks of the merits of any of these offences can be
start and has already initiated prosecution to proceed only with the
the consent of the injured party. If the damaged one deed,
consent is sufficient if only one of them.
(2) if the injured party does not submit its observations to the Prosecutor or
the police authority in writing, its content is recorded in the log.
Consent to prosecution can corrupt an explicit statement to take
back at any time, up until the appeals court removes the
the final consultation. Explicitly denied consent, however, cannot be granted.
§ 163a
(1) the consent of the injured party to a criminal prosecution for any of the offences
the acts listed in § 163 para. 1 is not necessary if
and such offence was caused by) the death,
(b)) is not able to give consent is damaged for mental disease or disorder
for which it has been deprived of legal capacity, or for which
It was his capacity to perform legal acts is limited,
(c) the injured party is a person under the age) 15 years,
(d)), it is clear that consent was not given or was taken back in
distress induced by threats, duress, dependency or subordination.
(2) if the injured party to challenge authority participating in criminal proceedings
does not respond immediately, whether they agree with the prosecution under section 163, this
authority to provide him with the nature of things to express a reasonable period
but not more than 30 days. After expiry of this period no longer consent to
criminal prosecution could not give. About how it should be damaged in writing to learn.
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§ 164
The procedure for the investigation of
(1) a police authority shall proceed with the investigation on its own initiative,
to the extent necessary, as quickly as possible is searched for evidence to
clarify all the essential facts relevant to the assessment of the
of the case, including the offender, and the aftermath of a crime (section 89 paragraph 1.
1.) While progressing the way described in section 158 paragraph 2. 3 and 5; also conducts
other tasks according to the head of the fourth, with the exception of those, which is entitled to
perform only the Prosecutor or the judge. Interrogation of witnesses is carried out
If it is urgent or unrepeatable Act or in the case of
the questioning of persons under 15 years of age, a person whose ability to correctly and
completely to perceive, remember, or reproduce with regard to its
mental health concerns, or where revision of established facts
the fact that the witness could be pressured for his testimony. Otherwise,
the victim and other witnesses shall be heard only if there is a risk of another
the reason that will be affected by their testimony, or the ability to remember
the operative or the ability to reproduce, these facts
in particular, if the complexity of the case justified the assumption of a longer duration
the investigation. Without these conditions, it is possible, however, if it is necessary,
listen to the experts.
(2) Acts that were made before the commencement of a prosecution,
the police may not be repeated if they have been carried out in a manner
the corresponding provisions of this Act.
(3) the police authority finds and also performs under the specified conditions
the evidence regardless of whether there is evidence in favour of or against
of the accused. The accused must not be in any way to the testimony or confession
to be compelled. The defense of the accused and the evidence, if they are not
completely insignificant, must be carefully examined.
(4) If criminal proceedings were conducted before the start of hearings
witnesses under section 158 paragraph 2. 9 and if it can be such an act again, police
authority on a proposal from the accused either executes again and the accused person or
advocates will make such action took part in, or it will instruct on the law
seek a personal hearing of such witness in proceedings before the Court.
(5) except when it is under this Act require the consent of the State
the representative of the police authority makes all decisions on the procedure of investigation
and on the implementation of investigative measures separately, and is fully responsible for the
their legal and timely implementation.
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§ 165
The participation of the accused and the defence counsel in the investigation of
(1) a police authority may allow the participation of the accused in the investigative
operations and enabling it to put questions to the witnesses examined. In particular in
If the accused does not have the progresses, a defender is to act in the hearing
a witness, who has the right to refuse to testify.
(2) the Advocate is already from the start of criminal proceedings shall be entitled to be present
during the investigations, the results of which can be used as evidence
in the proceedings before the Court, unless the Act cannot be postponed and notification
about him. The accused and others he may ask questions, but
until the authority of the hearing ends and shall give to the word. Objections
against the way the implementation of the Act at any time can float in its progress.
If the defense lawyer questioning the witness, whose identity is supposed to be for reasons of
referred to in § 55 para. 2 secret police authority is required to adopt
the measures make it impossible to determine the real identity of the witness advocates.
(3) If an advocate shall notify the police authority that wants to participate in the
investigation of the Act referred to in paragraph 2, or if the Act in
the hearing of a witness who has the right to refuse to testify, is the police authority
timely manner to tell defense attorneys about what kind of action is involved, the time and place
its venue, unless you cannot defer action intimation and advocate
cannot be ensured. If the Act of the person in the hearing of a police authority
a lawyer shall communicate the information according to which such person can be identified.
If this information cannot be determined a priori, of the communication must be clear, to what it has
This person to testify. Notice of hearing of a witness whose identity is to be
for the reasons stated in § 55 para. 2 secret, may not contain the information referred to in
which it would be possible to determine the real identity of the witness.
(4) if the police authority shall be admitted pursuant to paragraph 1 in the implementation
investigation of the Act the participation of the accused, procedures for its vyrozumívání
Similarly, as mentioned in paragraph 3.
§ 166
The end of the investigation
(1) if the police investigation to be completed and its results for the
sufficient for the indictment, allow the accused, his lawyer and
the victim, who submitted the proposal, according to § 43 para. 3 if they are stay
or the seat of the injured party, known at the appropriate time to study the writings of
and to make proposals for investigation of the supplement. This option notifies the
the accused, his defence counsel and damaged at least three days in advance. If
the number of victims is very high, shall apply mutatis mutandis to section 44 para. 2. As referred to
period can be with the consent of the accused, the defence counsel and the injured party.
If the police authority does not consider the proposed supplement, rejects them.
About these tasks will make the police authority record in the file and to refuse
proposals to supplement the investigation shall notify the accused, his defence counsel or
the injured party. The accused, who took advantage of the right provided for in § 2 (2). 14, the
at the same time, to comment whether the requested transfer of certain
of documents pursuant to § 28 para. 4.
(2) do not use if the accused, his lawyer or a damaged options
study the writings, although they were duly warned, will make about
police authority record in the file and proceed as if this
the Act has occurred.
(3) after the end of the investigation shall submit to the authority of the police to the Prosecutor
the file with the design on the indictment list of the proposed evidence and the
justification as to why he has resisted proposals for additional evidence, or
make a proposal on some decision pursuant to § 171-173, § 307 or
According to section 309.
§ 167
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(1) a police authority shall be obliged to end the investigation no later than
and) within two months from the commencement of prosecution, if it is a thing belonging
the jurisdiction of a judge,
b) within three months from the commencement of prosecution, if it is a different thing
belonging to the jurisdiction of the District Court.
(2) if the investigation is not within the time limits referred to in paragraph 1 is completed,
the police authority of the public prosecutor in writing of the reasons, why it was not possible in the
the time limit stipulated by the investigations come to an end, what tasks still need to be
perform and how long the investigation will continue. State representative
can the guidance police authority on the one hand to change the enumeration of acts that have
yet to be carried out, and establish the period during which differently is
the investigation still take.
(3) in cases in which it was not within the time limit specified pursuant to paragraph 1
the investigation is done, the Prosecutor is obliged under the supervision of at least
Once a month, make the clearance stuff, and if it is needed, save
the police authority the obligation to perform specific tasks. The review shall draw up a
State representative record.
THE THIRD SECTION
Special provisions for the investigation of certain offences
§ 168
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(1) the provisions of this section is to be used in criminal investigations,
which the proceedings in the first instance by the District Court.
(2) If this section does not contain specific provisions, the procedure is
in an investigation under section of the first and second of this title.
§ 169
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(1) a police authority shall carry evidence to the extent that is necessary for
indictment or other decision of the public prosecutor; terms and conditions,
for to carry out the examination of witnesses under section 164 paragraph. 1, is not
bound.
(2) to determine the scope of the inquiry is a crucial legal
the qualification of the offence for which the accused at the time of implementation of evidence
prosecuted. If the accused is in the course of the investigation is notified that an offence for
that is criminal prosecution, will continue to be legally considered as another
offence than is given in § 168 paragraph. 1, the investigation
According to the second section of this title. Evidence previously made under
paragraph 1 shall remain part of the evidence bearing on the course of the investigation;
When assessing whether they have been carried out in accordance with the law shall not be considered
the conditions under which it can, pursuant to section 164 paragraph. 1 hear witnesses.
§ 170
the title launched
(1) a police authority shall be obliged to end the investigation no later than six
months from the commencement of a prosecution.
(2) if the investigation within the time limit referred to in paragraph 1 is completed,
advancing police authority and the Prosecutor pursuant to § 167 paragraph. 2, 3.
SECTION FOUR
The decision of the pre-trial
§ 171
Referral to another authority
(1) the Prosecutor shall refer the matter to another body, if the results of
preliminary proceedings show that it is not a crime, however, as regards the
deed that could be assessed as any other competent authority
the offense, another administrative offence or disciplinary transgressions.
(2) against the decision referred to in paragraph 1, the accused, and if known, whether or not
damaged, file a complaint, which has a suspensory effect.
the title launched
the title launched
§ 172
Stopping criminal prosecution
(1) the Prosecutor stops proceedings
and) If no doubt that it does not become an offence for which the criminal prosecution
leads,
(b)) If this is not an act of a criminal offence and there is no reason to transfer the case,
(c)) unless it is established that the accused committed the deed,
(d)) where the criminal prosecution is not permitted (section 11),
(e) if the accused) was not at the time of the crime for insanity criminally responsible,
or
(f)) if crime disappeared.
(2) the Prosecutor may stop the prosecution,
and if the punishment), which may lead to criminal prosecution, completely without meaning
In addition to the punishment for another crime is already saved, or that the accused
as expected, it will affect
(b)) if the deed has already been decided by another of the accused, ' ability,
able in the printer or foreign court or authority, or the international criminal
the Court, the International Criminal Tribunal, or the like
international judicial body with jurisdiction in criminal matters, even if
do not meet any of the conditions specified in § 145 paragraph. 1 (b). and) Act
for international judicial cooperation in criminal matters, and this
the decision can be considered sufficient, or
c) if due to the importance and extent of the breach of or threat to a protected
the interest that has been affected, how to carry out the crime and its aftermath, or
circumstances in which the Act was committed, and due to the behaviour of the accused
after committing the crime, in particular to its efforts to compensate for the damage or delete
other harmful consequences of the offence, it is clear that the purpose of the criminal proceedings was
achieved.
(3) against the decision referred to in paragraphs 1 and 2 may the accused and, if known,
whether or not damaged, file a complaint, which has a suspensory effect.
(4) in the prosecution which was stopped for any reason,
referred to in paragraph 2, shall continue, if the accused declares within three days
ever since he was a resolution on the cessation of criminal prosecution announced
that on the hearing of the case takes. It should be about that of the accused.
§ 173
Interruption of criminal prosecution
(1) the prosecutor suspends criminal prosecution
and if you can't), the absence of the accused accordingly to clarify the matter,
(b) if the accused person) cannot be used for severe disease to stand before the Court,
(c) if the accused is not) for mental illness that occurred after committing
crime, able to understand the meaning of criminal prosecution,
(d)) if the accused has been extradited to a foreign country or exiled.
(2) before deciding to discontinue prosecution is necessary to do everything
What is needed to secure the successful implementation of criminal prosecutions in February 2008.
If the reason for the interruption has passed, the Prosecutor decides that the criminal
prosecution continues.
(3) to interrupt the prosecution is necessary to inform the injured party.
§ 173a
Service of the order to the Supreme Public Prosecutor's Office
Resolution on the cessation of criminal proceedings and transfer the case delivered
the public prosecutor without delay after the legal force of the Supreme State
the Prosecutor's Office.
THE FIFTH SECTION
Supervision of the public prosecutor
§ 174
(1) supervision of adherence to legality in preparatory proceedings shall exercise
State representative.
(2) in addition to the permission specified in § 157 paragraph. 2 in the exercise of supervision
the Prosecutor shall be entitled to
and give binding instructions) to the investigation of crimes,
(b) require from the police authority) files, documents, materials and messages
about committed criminal offences for the purpose of vetting whether the police authority
timely launches criminal prosecution and it progresses properly,
(c)) to participate in the implementation of the operations of the police authority, personally do
an individual act or even the entire investigation and issue a decision in any of the
of the case; in doing so, it shall follow the provisions of this Act for the police
authority and against its decisions, the complaint is admissible to the same extent
as against the decision of the police authority,
(d)) to return the matter to the police authority with their instructions to supplement,
(e) interfere with the unlawful or unjustified) decisions and actions of the police
authority that can replace your own; in its resolution on the postponement of the case
You may do so within 30 days of delivery; If the decision of the police
the authority replaced its own decision otherwise than on the basis of the complaint
authorized person against the order of the police authority, is against his
the decision is admissible to the same extent as a complaint against the decision of the
police authority
f) order that the acts at issue was carried out by another person for work in
the police authority.
section 174a
The permission of the Attorney General
(1) the Attorney General may, within three months of the law can interfere with the
the illegal resolution of lower prosecutors to halt the criminal
those prosecuted or the referral of a matter.
(2) to this end, the State Prosecutor of the Supreme State
the Prosecutor's Office to require lower prosecution offices,
the documents, materials and messages and perform screening.
(3) if the Attorney General a resolution referred to in paragraph 1,
continue with the procedure, the Prosecutor who, in the case in the first
the degree. It is bound by the legal opinion expressed in its
the decision of the Attorney General, and is obliged to carry out the acts and
the tween, the implementation of which the Prosecutor has ordered.
§ 175
(1) only the Prosecutor is entitled to
and) decide to stop, stop or interruption of the conditional
criminal prosecution and on the transfer of the case to any other authority,
(b)) to submit an indictment,
(c) negotiate with the accused) agreement on guilt and punishment and petition the Court to
its endorsement,
(d) to decide on the release of the accused), for the release of the accused
from the binding, while the replacement of some actions binding replacement
binding or binding, reasons, one of the reasons the binding,
e) detention of assets of the accused and determine which resources and
things that security does not apply, or cancel such collateral,
(f)) to perform a secure a claim to compensation for non-material damage or damaged
injury or unjust enrichment and limit or cancel such
ensure or thing from him, cut,
g) decide on the destruction of the secured case under § op.81B,
(h) order the exhumation of corpses)
I propose to request the accused) out of a foreign country or a European
the arrest warrant,
(j)) to perform a preliminary investigation in proceedings for the issue of the country or proceedings
for surrender pursuant to a European arrest warrant.
(2) in cases in which the State Prosecutor, the investigation shall be supervised
of adherence to legality in preliminary proceedings, the Prosecutor
closest to the higher public prosecutor's Office; This does not affect the right of
the Prosecutor, who performs investigations, to make a decision under section
171-173, § 307 or under section 309, under the conditions laid down therein,
If you do this right, the State Prosecutor nevyhradil oversight.
THE SIXTH SECTION
The agreement on guilt and punishment
§ 175a
(1) if the results of the investigation demonstrate enough that
the deed has become that this Act is a criminal offence and that it has committed
the accused, prosecutors can start negotiations on an agreement on guilt and punishment
on a proposal from the accused or even without such a proposal. If the State does not
the representative of the proposal accused reason, it shall notify its opinion
the accused, if the accused has a defence counsel, whether or not his.
(2) negotiations on the agreement on guilt and sentence the Prosecutor summons
of the accused; about the time and place of the hearing shall inform the lawyer of the accused and
the victim, who expressly declared that any procedural rights
to him the Bill as the injured party. Damaged at the same time notifies the
the option to apply no later than when the first negotiations on the guilt and
the sentence is entitled to damages or non-material damage in monetary terms, which
was caused by the criminal offence, or to unjust enrichment,
that was on the expense of won.
(3) a condition of the conclusion of the agreement on guilt and sentence is a statement of the accused,
to have committed an offence for which he is prosecuted, if based on the so far
fitted with evidence and other outcomes of the preparatory proceedings are not reasonable grounds for
doubt on the veracity of his statement. The agreement on guilt and punishment
arranged by prosecutors with the accused in the presence of defence counsel.
(4) where the Prosecutor considers that the legal conditions are met for
the imposition of a safeguard measure, it notifies the accused the option procedure
pursuant to § 178 odst. 2 even if there is an agreement on the guilt and
the sentence, which will not be protective measures agreed. Without this
warnings may do pursuant to § 178 odst. 2 only if the reasons for the
the imposition of a safeguard measure came to light only after the submission of the proposal on
approval of the agreement on the guilt and punishment to the Court.
(5) State representative when negotiating an agreement on guilt and punishment is committed also to the
the interests of the injured party. If it is damaged the negotiation of the agreement on the guilt and punishment
present, in particular, to express the extent and manner of compensation for damage or
non-material damage or unjust enrichment. An agreement on the guilt and
the sentence can be arranged even without the presence of the injured party fails to
the negotiations, although it has been duly summoned, fails to appear or to
the hearing and the right to compensation for damages or non-material damage or issuing a
unjust enrichment have already applied or stated that it applied
It will not be. Applied if the sufferer who is not present, the meeting shall be entitled to
damages or non-material damage or unjust
enrichment, the Attorney for the injured party to agree with the accused
on the scope and manner of compensation for damage or non-material damage and editions
unjust enrichment up to the amount of the claim.
(6) the agreement on guilt and sentence contains
and the designation of the public prosecutor) of the accused and the injured party, if it was
present negotiating an agreement on guilt and punishment and with the consent of the scope and
the manner of compensation for damage or non-material damage or unjust
enrichment,
(b)) date and the place of writing,
(c)), for which a description of the offence, the accused is prosecuted, indicating the place, time and
the manner of its perpetration, or other circumstances in which it
There has been, so that it cannot be confused with any other deed,
(d)) indicate a criminal offence which is seen in this deed,
his legal name indicating the relevant provisions of the Act and
all legal characters, including those that justify a criminal
rate,
(e) a statement of the accused, that) has committed an offence for which he is prosecuted and
that is the subject of a negotiated agreement on guilt and punishment,
(f)) in accordance with the criminal code and the type of assessment, the agreed method
enforcement of the sentence, including the length of the probationary period and, in the cases provided for in
the Criminal Code penalty, replacement, or waiving of punishment
and the range of reasonable restrictions and obligations in the event that the criminal
the code allows and that have been agreed; When the agreement concerning the type and area
the sentence will take into consideration as well as to whether the accused crime has earned or
tried to get the property benefits (§ 39 para. 7 of the Penal Code),
g) range and method of compensation for damage or non-material damage and editions
unjust enrichment, it was agreed
h) safeguard measure, coming into his store and if there was
agreed,
even the State Prosecutor) the signature of the accused and the defence counsel and the signature of the injured party,
If the present negotiating an agreement on guilt and punishment and with the consent of
the scope and manner of compensation for damage or non-material damage and editions
of unjust enrichment.
(7) if there is agreement on the guilt and punishment, the Prosecutor her
a copy of the accused, his lawyer delivered and the injured party which filed a
their claims in a timely manner (article 43, paragraph 3). If there is no agreement on the guilt and
the sentence makes about the Prosecutor's entry in the log; in such a
the case of the Declaration of guilt made accused in other proceedings
not taken into account.
(8) the agreement on the guilt and punishment cannot be arranged in a particularly serious
crime and in proceedings against a fugitive.
§ 175b
(1) if there is an agreement on guilt and punishment, the public prosecutor shall submit a
the Court in the scope of the agreement negotiated a proposal for approval of the agreement on the guilt and
the punishment. If no agreement on compensation for the damage or non-material damage or
on the issue of unjust enrichment, the Prosecutor on that fact in the
the application for approval of the agreement on the guilt and punishment the court notifies you.
(2) to the application connects the Prosecutor agreed a deal on the guilt and punishment and
other documents which are relevant to the proceedings and decisions.
THE SEVENTH SECTION
The indictment
§ 176
(1) if the results of the investigation are sufficiently justify the position of the
the accused before the Court, the public prosecutor must lodge an indictment and attaches to it
writings and their attachments. The indictment of the accused, defence counsel shall inform the
and the injured party, if his residence or seat of the known, and, if the accused
the lawyer also Minister of Justice and the President of the Chamber.
(2) the prosecution may be made only for an offence for which was initiated
prosecution (para. 160). If the Prosecutor says this deed judge
as a different offense than how it assessed the police authority notifies the
on it before the indictment of the accused and his defence counsel to determine whether
propose with a view on the intended change in the investigation of the supplement.
§ 177
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The indictment must contain
the State Prosecutor) and the day of drafting the indictment,
(b) the accused person's) name and surname, date and place of his birth, his
employment and residence, or other information needed to allow it to
be confused with another person; If it is a member of the armed forces or
armed corps, the rank of the accused and also the Department, of which it is
a national,
(c)), in which the writ must be precisely marked an offence for which it is
the accused prosecuted, indicating the place, time and manner of its perpetration, the
where appropriate, the indication of the different facts, if they are needed to
that the deed could not be confused with another, and to justify the use of
certain penalties; There must be further stated, what offence
the prosecution sees in this deed, and that his legal name
the corresponding provisions of the law and all legal characters, including
those that justify a criminal rate,
(d) the justification for the defendant's deed) stating the evidence on which this
justification is based, and a list of evidence, the execution of which is in the main
version proposes, as well as legal considerations governing the Prosecutor drove the
in assessing the facts according to the relevant provisions of the Act.
§ 178
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(1) the Prosecutor in the indictment suggests that the Court should order the protective treatment
or security detention or protective upbringing or the prevents things
If it is to consider that there are legal requirements.
(2) the application referred to in paragraph 1, the Prosecutor may also make
separately.
§ 178a
Cooperating defendant
(1) in proceedings relating to the crime, the State Prosecutor in the indictment indicate
the accused, if the accused person for the cooperating
and shall notify the fact to the public prosecutor), which are capable of significantly
to contribute to the clarification of the crime committed by members of organized groups, in
links with organised group or for the benefit of organized
criminal groups, and undertakes to bring, both in the pre-trial and in the
proceedings before the Court the full and truthful testimony about these facts,
(b) modifications to the Act), for which he is prosecuted, and there are reasonable grounds for
doubts that his confession was made freely, seriously and
sure, and
(c)) declares that it agrees to be identified as the cooperating
the accused,
and if the Public Prosecutor considers that such a designation is needed due to the
nature of the crime, to the clarification of the accused, and even with
taking into account the criminal offence referred to in the confessions of the accused, to the person
the accused and the circumstances of the case, in particular whether and how
the accused participated in the Commission of an offence for which clarification is
and what consequences their actions have caused.
(2) if the accused did not commit the crime of collaborating, which is
more serious than crime for which clarification contributed, if credited,
as the organizer or the instigator of the crime, to the clarification of the
contributed, if it has not caused intentionally, in severe personal injury or death and
If there are reasons for the extraordinary increase in imprisonment (§ 59
of the Criminal Code), the Prosecutor in the indictment may suggest dropping
from punishment, if it deems it necessary, having regard to all the
circumstances, in particular in view of the nature of the offence referred to in confession
the accused in comparison with the crime, to the clarification of the accused
committed, to the extent to which the accused may be cooperating to contribute to
clarification of the crime committed by members of organized groups, in conjunction with the
organised by or in favour of the organised criminal
the group, the importance of his testimony for the criminal proceedings with regard to the
the collected evidence to the person of the accused and the circumstances of the case, in particular
whether and how the accused participated in the Commission of an offence, to
the clarification is committed to, and what the consequences of their actions.
(3) before the State Prosecutor accused marks as
in particular, it shall be heard to collaborative content and notifications
a confession. The accused also shall be heard as to whether he is aware of the consequences of
their procedure. Before the hearing, the Prosecutor accused about his
rights, about the nature of the designation for cooperating on the accused, the
obligations to remain on his confession and comply with its obligations under
paragraph 1, and also about the fact that as soon as the accused in pre-trial proceedings or in
proceedings before the Court violates its commitments will no longer be considered to be
cooperating of the accused.
the title launched
Section 179
the title launched
(1) the filing of the indictment and its representation in court is competent
the Prosecutor of a higher State Prosecutor's Office, than that in court
Act, if the exercise supervision of adherence to legality in preliminary
control, and is not a lower case public prosecutor's Office.
(2) after the filing of the indictment, the Prosecutor can ask the police authority
referred to in § 12 para. 2 a measure of proof that it needs to represent the
the indictment in the proceedings before the Court.
THE EIGHTH SECTION
Abbreviated preparatory proceedings
§ 179a
(1) the Abbreviated preparatory proceedings are held on criminal offences, for which the
It is for the Court of first instance held in the District Court and on which the law
stipulates a prison sentence whose upper limit does not exceed five years,
If
a) suspect was caught red-handed or immediately thereafter, or
(b) in the course of examining the criminal) notifications or other initiative to
criminal prosecution were detected the fact otherwise justifying
the initiation of criminal prosecution and it can be expected that the suspect would be possible in the
the period referred to in section 179b of paragraph 1. 4 stand in front of the Court.
(2) the Abbreviated preparatory proceedings held police authorities referred to in section 12 of the
paragraph. 2.
(3) the crimes of members of the General Inspectorate of security
forces, members of the security information service, members of the Authority
for foreign relations and information, and members of military intelligence
or the military police or the crime of workers United
Republic, included to work in the General inspection
security forces, held shortened preliminary proceedings the State Prosecutor;
the provisions of § 161 para. 4 and 5 apply here mutatis mutandis.
section 179b
(1) the Authority held an abbreviated preparatory proceedings performs acts under title
the ninth. In the manner specified in the title of the fourth performed only emergency or
unique acts.
(2) the summary preliminary proceedings, the suspect has the same rights as
the accused (§ 33 par. 1, 2). The detainee a suspect has the right to choose
defence counsel and consult with him without a third party present during the
the detention. About how it should be suspect before his interrogation to learn and
give him full opportunity to exercise his rights.
(3) a suspect of a crime it is necessary to hear and
no later than at the beginning of the hearing to tell him of committing the deed is out
the suspect and the crime is seen in this deed. About the Act
Authority held an abbreviated preparatory proceedings shall make a record in the log.
A copy of the record shall deliver the suspect and his lawyer; the police authority shall send
a copy of the record to 48 hours, also to the Prosecutor. The procedure of the hearing
the suspect will apply mutatis mutandis of the provisions on the questioning of the accused.
(4) the Abbreviated preparatory proceedings must be completed no later than two
weeks from the date on which the police authority said the suspect, of having committed
out what deed is suspect and what the offense is in this deed
seen (section 179b (3)).
(5) the Prosecutor may in abbreviated preparatory proceedings with the suspect
to negotiate an agreement on guilt and punishment; on the conditions and the procedure for its
the negotiation shall apply mutatis mutandis the provisions of § 175a. The delivery of the proposal on
approval of the agreement on the guilt and punishment to the Court initiating criminal prosecution.
§ 179c
(1) unless the summary preliminary proceedings after the police
authority to postpone things reason referred to in Section 159a para. 1 to 3 or 5,
the public prosecutor shall submit a brief report on its outcome, in which
indicate what the offense is seen in deed, for which it is communicated to the
suspect, and what evidence can be made before a court, the suspect
so warrant. Police authority to the message connects all documents and things
collected in the course of the summary preliminary proceedings.
(2) the public prosecutor, which was served with the police authority under
paragraph 1, or that he himself carried out the abbreviated preparatory proceedings,
and the Court) shall submit the punishment, if the Court finds that the results summary
the preparatory proceedings, justify the position of the suspect before the Court,
(b)) shall submit a court approval of the agreement on the guilt and punishment, while
apply by analogy the provisions of § 175b,
(c)) case is postponed, unless in case of a suspicion of an offence,
(d) submits the matter to the competent authority) to discuss the offence,
e) submits the case to another authority to kázeňskému or kárnému,
(f)) case, if the defer criminal prosecution is inadmissible pursuant to section 11,
(g)), decided to postpone the case where the approval of a settlement with the
Similarly, the provisions of § 309 et seq.,
h) case conditionally postpone pursuant to § 179g,
I) thing also can defer, if prosecution is purposeless because
in the circumstances referred to in section 172 para. 2, or
(j)) returns the matter to the police authority, if it is in the way
preliminary proceedings must perform additional action.
(3) if the public prosecutor does not make any decisions or measures referred to in
paragraph 1, it shall transmit the case to the police authority referred to in § 161 para. 2 to
commencement of prosecution on the grounds that it is an offence for which
lead shortened preliminary proceedings, is to be correctly assessed by another
provisions of the Act, than what it judged by the police authority, and
due to the different legal assessment cannot be shortened preparatory
the proceedings take place.
(4) on the postponement of the case referred to in paragraph 1 or of the decision referred to in paragraph 2
inform the authority, which has made such a decision, the injured party, if it is
I know, and the notifier, if under section 158 paragraph 2. 2.
§ 179d
(1) proposal for punishment includes the same elements as the prosecution with
the exception to the preamble.
(2) to the application connects the Prosecutor all the documents and other
the annex, which are relevant to the proceedings and decisions.
(3) on the filing of a proposal to punish the lawyer the Prosecutor without delay
shall inform the Minister of Justice and the President of the Chamber.
section 179e
If the public prosecutor passed the apprehended a suspected person and State
It was representative on freedom, passing to it not later than 48 hours from the
the detention of the Court together with a proposal for punishment or for
approval of the agreement on the guilt and punishment; otherwise, decide on the initiation of criminal
the prosecution and the Court shall submit a proposal for a decision on custody of the accused.
§ 179f
(1) the Abbreviated preparatory proceedings cannot be held or continued
If
and) is given by reason of the binding and is not subject to the conditions for the transfer of the detainee
the suspect, together with a proposal for punishment of the Court, or
(b)) are reasons for holding the joint management of two or more
offences, and at least one of them should be held to the investigation.
(2) if abbreviated preparatory proceedings completed within the time limit referred to in §
179b para. 4, the public prosecutor, taking account of the circumstances of the case
and) extend the period within which it must be shortened preliminary proceedings come to an end,
but not more than ten days, in the case of concluding an agreement on guilt and punishment
(section 179b (5)) of not more than thirty days,
b) orders the police authority, who had not led the shortened preparatory
proceedings in order to initiate criminal proceedings and has followed the provisions of the
the head of the tenth, or
(c)) to the case was submitted to the police authority, referred to in § 161
paragraph. 2 to initiate a criminal prosecution; the Prosecutor so proceed
always, it is the absence of any of the grounds referred to in paragraph 1.
The conditional postponement of the submission of the proposal for punishment
§ 179g
(1) instead of the lodging of the punishment prosecutors can decide
about that time the punishment conditionally deferred, if
the suspect
and) to the confession,
(b)) for the damage, unless the offence was caused by, or with a damaged on its
compensation deal, or made any other measures necessary to its
compensation,
(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its
the release of a deal or make other appropriate measures for its release,
(d)) with a conditional postponement, the request for the punishment of its assent,
and given the person a suspect, taking into account the previous
life and circumstances of the case it is reasonable to consider such a decision
for pleasant.
(2) if it is justified by the nature and gravity of the committed offence,
the circumstances of the offence or the circumstances of the suspect, the State
the representative will decide on conditional postponement of the submission of the proposal for punishment
only if the suspect fulfils the conditions referred to in paragraph 1 and
and) it undertakes to establish that during the trial period refrain from certain activities, in
the context with which they committed a crime, or
(b)) on behalf of the public prosecutor shall lodge a sum specified by State
on financial assistance to victims of crime, according to a special legal
the legislation and this amount may not be disproportionate to the seriousness of the offence
the crime,
and given the person a suspect, taking into account the previous
life and circumstances of the case it is reasonable to consider such a decision
for pleasant.
(3) in a decision on conditional postponement of the submission of the proposal for punishment is
provides for a trial period of six months to two years, in the case of decisions
in accordance with paragraph 2, up to five years. The trial period begins the legal power of this
decision.
(4) a suspect who has entered into an agreement about how the corruption issue refunds
damages or an agreement on the issue of unjust enrichment, the decision about the
the conditional postponement of the submission of the proposal for punishment to damage
during the trial period or replaced at this time, gratuitous
the enrichment issue.
(5) decision on conditional postponement of the submission of the proposal for punishment according to the
paragraph 2 shall also include the amount of the cash amount specified by State
financial assistance to the victims of crime or determine the activity in which the
the suspect during the trial period undertakes to refrain from. If the suspect
undertakes to abstain during the trial period of a conditional postponement of the submission of the proposal
on the punishment of driving motor vehicles, must be informed of the obligations of the
surrender his driver's license under a special legal regulation, and that
the legal decision on conditional postponement of the submission of the proposal on
the punishment will cease to have a driving licence.
(6) a suspect can also save, in order to comply with the trial period
reasonable restrictions and obligations to make him lead an orderly life.
(7) Against the decision on conditional postponement of the submission of the proposal for punishment
suspect and damaged may lodge a complaint, which has a suspensory effect.
§ 179h
(1) if the suspect during the trial period, he led an orderly life, fulfilled
obligation to pay damages, unjust enrichment or
another obligation, to meet, and meet the other
imposed restrictions, the State Prosecutor, who decides to conditionally postponed
submission of the proposal for punishment in the first instance, that has proved successful. Otherwise, and
It even during the trial period, if applicable, decides that the suspect
unworkable, and proceed in accordance with § 179c-179f. Exceptionally, the
the public prosecutor in view of the circumstances of the case and the person suspected
keep conditional postponement of the submission of the proposal for punishment in force and
extend the trial period of up to one year; the trial period shall not
exceed five years. The obligation to reimburse the damage caused,
unjust enrichment and other obligation to meet the suspect
committed, as well as other restrictions imposed during the last prolonged
the trial period.
(2) If, within one year from the expiry of the probationary period has not been made
the decision referred to in paragraph 1, without the guilt of the suspect had on it, it is considered
that has worked well.
(3) the legal power to decide that the suspect worked, or
expiry of the period referred to in paragraph 2 of the effects referred to in § 11a
paragraph. 1 (b). (b)).
(4) against the decision referred to in paragraph 1 may submit the suspicious and corrupted
the complaint, which shall have suspensive effect.
PART THREE
Proceedings before the Court
THE HEAD OF THE ELEVENTH
Basic provisions
§ 180
(1) the criminal prosecution before a court takes place only on the basis of the indictment, or
proposal for punishment, which serves and represents the State in court
Representative, or on the basis of the proposal on the approval of the agreement on the guilt and punishment,
serving the public prosecutor. In proceedings before the District Court of the State
may be represented by a legal representative of an expectant, except for proceedings for the
approval of the agreement on the guilt and punishment.
(2) the Administration and representation of the indictment the Prosecutor controls the law and
the internal conviction based on a consideration of all the circumstances of the case. In
proceedings before the Court acts to have been clarified all the relevant
the grounds in terms of filed the indictment. For this purpose,
procures on its own initiative or at the request of the President of the Senate, and other
the evidence, which have not yet been provided with, or executed.
(3) when the taking of evidence in the trial and in the public meetings of the State
the representative proposed to obtain evidence that were not already in the
the indictment and the need to implement them was established in the course of the proceedings before the Court;
as a rule, be carried out with the consent of, or at the call of the presiding judge evidence (§
203, § 215 paragraph. 2) which support impeachment. The defence counsel or the accused
that does not have a defence counsel has the right to the same extent, with the agreement of the President of
the Senate examine evidence (article 215, paragraph 2) in favour of the defence. If
the implementation of such evidence by any of the parties in the hearing of a witness or
experts will carry out its statutory guidance prior to the start of the hearing the Chairman of the
the Senate or another designated member of the Senate.
(4) in the main version, in a public meeting or other Act Court
carried out in the presence of the parties, each party may hover at any time
during the objection to the way the implementation of the Act.
§ 181
(1) Submitted an indictment to the Court must be examined first from that
point of view, whether for additional control provides a reliable basis, in particular,
check that the jurisdiction of the Court to hear the case (section 16 to 22)
whether in the preliminary proceedings, there has been no serious procedural defects that cannot be
in proceedings before the Court, and whether they have been clarified in preliminary proceedings
the basic facts, without which it is not possible to carry out the trial and in
him decide. This is a preliminary examination of the indictment.
(2) after the filing of the indictment, the Court nevyčkávaje other proposals shall proceed
to the proceedings without delay towards the decision of the case, including performance
decision.
(3) the President of the Senate shall, in proceedings before the District Court within the time limit
three weeks before the regional court as the Court of first instance within the time limit
three months after the filing of the indictment, order in case the main version, pre-release
hearing or make other Act leading to the decision of the case,
including probation to operations leading to a decision on the
conditional cessation of criminal prosecution or for the approval of the settlement, or
another decision of the things outside the main version. If it is not so serious
reasons to do so, shall submit the dossier to the President of the Court, which by the nature of things
either the time limit shall be extended for as long as necessary or in accordance with the
schedule of work of the Court shall take other appropriate measures to ensure the continuity of
control.
§ 182
The State Prosecutor may take back up to the time of the indictment before the Court of first
Removes the final grade consultation; After the start of the trial may
do this only if the defendant does not insist on its continuation.
Indictment, the case returns to the preparatory proceedings.
§ 183
(1) at any time during the proceedings before the Court may request the President of the Senate
the police authority of the measures of the individual evidence, for a demonstration of the person or
under the terms of § 62 para. 1 service of documents. The police authority is
obliged to comply swiftly with him.
(2) in serious and complex cases requiring a factual knowledge of the
a special field of the Chairman of the Senate put the consultant. In doing so,
shall proceed mutatis mutandis pursuant to the provisions of § 157 paragraph. 3.
section 183a
(1) in proceedings before the Court may, President of the Chamber, or other authorized Member
the Chamber exceptionally important reasons to interrogate the accused, witness,
the experts or to carry out other evidence outside the trial or public
meeting. The State Prosecutor and defence counsel of the accused, which is such an act
refers to are entitled to participate in such an Act and its venue be
be informed in a timely manner, unless the Act cannot be postponed and their
notification cannot be provided. The participation of the accused in such questioning may
be granted, in particular, in cases where it does not have a lawyer, and in the case of
the witness, who has the right to refuse to testify. Notice of the hearing
witness or other act with such a witness, whose identity is supposed to be of
grounds provided for in § 55 para. 2 secret, may not contain the information referred to in
which it would be possible to determine the real identity of the witness.
(2) the participation of the persons referred to in paragraph 1 may be ensured in the Act,
in particular, if the Act on which the participating in a person under 15 years of age
or witness, whose identity is supposed to be for the reasons referred to in § 55 para. 2
secret, including through videoconferencing facilities.
(3) if such evidence later used to the decision in the main proceedings,
public or private session, must be in accordance with the law
executed. Read the report of the hearing of any such witness or play
video and audio alert issued about his interrogation, carried out by
through videoconferencing equipment is possible in the main version
or an open meeting on the appeal only under the conditions specified in § 211,
and in the case of a witness younger than fifteen years, the circumstances which
the revival in memory, given the age could adversely affect its
the intellectual and moral development, under the conditions referred to in section 102 paragraph. 2.
(4) the President of the Chamber shall ensure the protection of witnesses and persons close to them, which in
connection with the filing of testimony threatens bodily injury, death or other
a serious danger, and if it is even on the confidentiality of their identity,
where applicable, form. If it is necessary to ensure the protection of these people even after
Administration testimony, President of the Senate shall take after their interrogation
all the necessary measures without delay. Where necessary, requests
the protection of the police of the Czech Republic. How special
the protection of witnesses and persons close to them provides a special law.
§ 184
(1) the Court, when hearing the case is obliged to focus also on the
the causes that led to the crime or allowed its commit.
(2) to clarify the causes of the crime and to the settlement of the dispute between the accused
and in the process helps the victims before the court probation and mediation
the service carried out by probation officials.
(3) permits if the nature of the case and the person of the accused, establishes probation and
mediation service prerequisites for decision by the Court outside of the main version,
for the consideration of the case in one of the special types of proceedings and to save
punishments not involving deprivation of liberty; for this purpose, in accordance with the instruction
President of the Senate of the probation officer requires and provided the necessary documents,
in particular to the person of the accused.
THE HEAD OF THE TWELFTH
Preliminary hearings
§ 185
General provisions
(1) a court shall examine the Indictment lodged by the President of the Senate and its
content and content-the file shall determine whether it should be provisionally
discuss in the meetings of the Board or may order the trial of her.
(2) in order to facilitate the decision may hear the accused and supply
necessary explanations.
§ 186
The reasons for the preliminary hearing
President of the Chamber shall order preliminary hearings if it considers that
and) case belongs to the jurisdiction of another court,
(b)) has to be referred to under section 171 paragraph 2. 1,
(c)) there are circumstances justifying the cessation of criminal prosecution pursuant to section
172 para. 1 or its interruption under § 173 paragraph. 1 (b). a) to (d)),
or the circumstances justifying a conditional cessation of criminal prosecution
pursuant to § 307,
d) Act, which is the subject of the indictment, will need to be assessed in accordance with
other provisions of the criminal code, according to which the assessment by before it
the prosecution,
e) pre-trial investigation was not carried out according to the law, since it was
seriously violated the rules of procedure, in particular the provisions
ensuring the right to defence, and such a violation of the procedural regulations do not
in proceedings before the Court,
(f)) in a case not to the necessary extent clarified basic facts
circumstances, without which it is impossible to decide on the matter, or
g) due to the circumstances of the case, it would be appropriate to negotiate an agreement on the guilt
and punishment, especially if such a procedure designed by the Prosecutor or
the accused.
§ 187
Method of preliminary hearings
(1) a preliminary hearing shall be held in closed session,
If there are grounds for the venue of the meeting. If it considers it
the President of the Senate for the decision of the Court, order the necessary provisional
hearings public meeting.
(2) in the preliminary hearing, the Court will examine a
the prosecution; the President of the Senate shall report back from this perspective, taking the
focus on the questions that need to be addressed.
(3) the Court shall examine the completeness proof and justification
the indictment on the basis of the case file.
(4) if the preliminary hearings for the reason referred to in § 186
(a). (g)), the Court finds the opinion of the accused and the Prosecutor to
the negotiation of the agreement on guilt and punishment. If the Prosecutor and
the accused, that they have an interest in acting on the agreement on guilt and punishment, the Court determined
to the Prosecutor a reasonable time limit to file an application for the approval of such
the agreement. If the State Prosecutor shall submit in due time a proposal for the Court
approval of the agreement on the guilt and punishment, the Court shall proceed in accordance with § 314o to 66s;
in cases in which, under § 314o to 314r thing returns to
the preparatory proceedings, the Court is acting on the basis of the original indictment. In the absence of
the public prosecutor within the prescribed period the court approval of the agreement on
guilt and punishment, the Court will order the trial, unless some of the
the decisions referred to in § 188.
The decision of the
§ 188
(1) after the preliminary hearing, the Court
and) decide to bring the case to the jurisdiction of the Court which
is the closest together above him and the Court that is
competent, if that is not itself competent to hear the case,
(b)) shall refer the matter to another body, if there are circumstances referred to in section 171
paragraph. 1,
(c)) the prosecution stops, if the circumstances referred to in section 172 para.
1,
d) prosecution is broken, if there are circumstances referred to in section 173 paragraph.
1 (b). a) to (d)),
(e)) returns the thing to the Prosecutor for investigation, if it is necessary to
to remove serious procedural defects in the preparatory proceedings, which cannot be
remedy in proceedings before a court, or to clarify the basic facts
circumstances, without which it is not possible in the trial judgment,
and in the proceedings before the Court the investigation was compared with options
to procure such evidence in preliminary proceedings associated with significant difficulties
or would likely be detrimental to the speed of the proceedings, or
f) prosecution conditionally stops under section 307 or decide to
approval of settlement pursuant to § 309 para. 1.
(2) after the preliminary hearing, the Court may also stop criminal
the prosecution, if the circumstances referred to in section 172 para. 2.
(3) against the decision referred to in paragraph 1 (b). b) to (f)) and pursuant to paragraph 2
the Prosecutor and the accused may submit a complaint, that is, unless the
discontinue prosecution, suspensory effect. The decision on the
conditional cessation of criminal prosecution and on the approval of the settlement may
to file a complaint, which has suspensive effect, whether or not broken.
§ 189
Decide on the decision to bring the case to the jurisdiction of the Court under section
paragraph 188. 1 (b). and the Court) cannot whom the case was ordered under section 24
or section 25 superior court, unless the factual basis for the
assessment of the jurisdiction has changed considerably in the meantime.
§ 190
(1) where the Court considered that when used properly it is necessary to act, Act
that is the subject of the indictment, judge under other provisions of the Act,
than by which to assess the prosecution case a prosecutor returns
the investigation [section 188 (1) (b), (e))], if necessary due to the different
the legal assessment of the case even closer to clarify.
(2) if the investigation needed, notify the President of the Senate on the possibility
diversion law deed shall be served on the persons to whom a copy of the
the indictment (section 196 (1)).
§ 191
(1) if the Court returns the case to the Prosecutor for investigation, shall be specified in the resolution,
in which directions should be preliminary proceedings supplement and that fact
It should be clarified, where appropriate, that the operations should be performed.
(2) as soon as the resolution on the return of the case to the Prosecutor for investigation
came into force, the thing into a State of preparatory proceedings.
§ 192
If the accused is in custody, the Court will decide on preliminary consultation
the prosecution always also about another detention.
§ 193
cancelled
§ 194
cancelled
§ 195
New preliminary hearings
(1) if the decision is the Prosecutor in the case has been returned to the
DGA, again for the indictment, it shall take into account the results of
carried out by the DGA. The prosecution, under the conditions referred to in section 186 for
the Court preliminarily discuss again.
(2) under the conditions specified in § 186 impeachment again tentatively discuss the
also in court to which the case was ordered by a court after the submission of the parent
the matter under section 188 paragraph. 1 (b). and).
THE HEAD OF THE THIRTEENTH
Main version
THE FIRST SECTION
Preparation of the trial
§ 196
Service of indictment
(1) if the Court has not made some of the decisions referred to in § 188 paragraph. 1 and
2, the President of the Senate to deliver a copy of the indictment, the accused and his
a lawyer, and if the accused is deprived of legal capacity or competence
If his competence to perform legal acts is limited, his legal
representatives; a copy of the indictment can be delivered to the injured party, if his stay
or the seat known. If he has not submitted a proposal pursuant to § 43 para. 3,
at the same time learning about the right to submit such a proposal. If it was in the indictment
designed to prevent things belonging to a person other than the accused,
the President of the Senate to deliver a copy of the indictment, whether or not that person.
(2) a person to whom a copy of the indictment has been served must be at the same time invite to
proposals for additional evidence at the trial indicated to the Court in a timely manner
and bring the circumstances to be such evidence.
(3) a copy of the indictment shall be served with the summons to the latest
version or with a notice about it.
§ 197
The replacement judge
(1) if the trial expected to take longer to arrange for
the President of the Senate, to be attended by one or two judges, or
Member of the replacement.
(2) the Replacement of a judge or lay judge has when the main version status
a member of the Senate. The deliberations and the vote, however, will attend only if,
If a party to the action in place of a judge or an observer, which prevented the
an obstacle in further participation in the trial. The judge or
assessor, for which he got a replacement judge or lay judge,
the trial no longer not participate.
§ 198
Regulation of the trial
(1) the date of the trial provides the President of the Senate to the accused from the
service of the summons, the public prosecutor and defence counsel of the notification should
at least five working days to prepare. This period can be shortened
only with their consent, and as for the accused, only if the
will the trial arrive and ask about its implementation. U
other people, that the trial be summoned or
on the, you must maintain at least a three-day period as a rule.
(2) a trial shall be informed the public prosecutor, legal representative and
the defence lawyer of the accused, as well as damaged and the person concerned. If they have a
damaged or the person concerned shall contact the agent, on the main
version just their agents. The injured party should be in notification
Note that does not come to trial, it will be about his claim
for damages or non-material damage or unjust
enrichment to make decisions on the basis of his own proposals, if they are already
contained in the file, or run out of the Court, before proceeding to the
the taking of evidence.
(3) when regulation of the trial the presiding judge shall take all
the measures necessary to ensure its proper course and to
It was possible to discuss the matter and decide without adjournment.
§ 198a
cancelled
SECTION TWO
The public trial
§ 199
(1) the trial court fundamentally takes place publicly.
(2) has noted that citizens were granted widest extent
the opportunity to follow the proceedings by the Court and to make the most efficient
disciplinary effect of the criminal proceedings to the general public in the
the meaning of its active involvement in efforts to prevent crime and
prevent it. In appropriate cases, be carried out because the main version directly
in the place where the offence was committed, or in the workplace, or in the
place of residence of the defendant. In this case, about the venue of the trial shall inform the
an interest group, citizens can ensure the participation of citizens and effectively
to contribute to the fulfilment of the purpose pursued by the public through the holding of the trial.
§ 200
(1) at the trial, the public may be excluded if it would
the public discussion of the matter would jeopardize classified information protected by special
law, morality, or undisturbed course of conduct, or the safety or
Another important interest of witnesses; for the same purpose may make and the President of the Senate
other appropriate measures. The public may be excluded only for part of the
the main version. He appears before a court if the person referred to in section 102a of the paragraph.
1 without secrecy the identity or appearance, the public is always excluded.
(2) the judgment shall always be pronounced publicly.
(3) the Court shall decide on the exclusion of the public, after hearing the parties, by order
that publicly announce.
§ 201
(1) Although the public has not been excluded under section 200, the Court may deny
access to the trial of minors and those for which there is a concern that should
could interfere with the course of the trial, dignified. You may also take the necessary
the measures against overburning courtrooms.
(2) even if the public was excluded under section 200, the Court may, for important
reasons to enable individuals to trial access. At the request of
the accused must be allowed access to two of his důvěrníkům. If
the defendants more, has the right to choice of Trustees each of them. If
Thus the total number of confidants has risen to more than six, and defendants
among themselves for the selection do not agree, the Court shall make the selection. Similarly, in the
the case of exclusion of the public shall proceed with confidants of the injured party. If it was
the public is excluded for the compromise of classified information protected
a special law, or security or other important interests of the
witnesses, may be selected only such persons confidants, against which the
the Court does not have the opposition.
(3) if the public Was excluded for the compromise of classified information
protected by a special law, notify the Chairman of the Senate present at
criminal consequences if unauthorized persons information about him
where were they during the negotiations; It may also prohibit the present to do's
the written notes.
THE THIRD SECTION
The start of the trial
§ 202
Presence during the trial
(1) the trial is held for a permanent presence of all the members of the Chamber,
writer and Attorney. The presence of the accused or other
people can be ensured, including through videoconferencing facilities;
§ 111a shall apply mutatis mutandis.
(2) in the absence of the defendant may, with the main trial, just
If the Court finds that the case may be reliably decide and the purpose of the criminal
control reach even without the presence of the accused, and
and the indictment was properly on the accused) served and the defendant was to
the main version in a timely manner and duly summoned and
(b)) of the deed, which is the subject of the indictment, the accused was already some
law enforcement authority hearing and has been complied with the provisions of the
to initiate the criminal prosecution (§ 160) and the accused has been advised of the
the ability to read the file and to make proposals for investigation of the supplement (section 166
paragraph. 1).
(3) if the accused fails to appear without a proper apology to the main version and
the Court will decide that the trial will take place in the absence of
the defendant in the main proceedings, the reports of witnesses, expert witnesses
and read spoluobviněných, or video and audio recordings captured on
their interrogation, carried out by means of videoconferencing equipment
play under the conditions referred to in section 211.
(4) the trial may not be held in the absence of the defendant, if the
the accused is in custody or in prison, or in the case of
the offence for which the law stipulates a prison sentence whose upper
boundary exceeds five years. In cases of necessary defence (section 36) cannot be
the trial to take place without the presence of defence counsel.
(5) the provisions of the first sentence of paragraph 4, he pointed out, if the accused
requests that the trial was held in his absence. The provisions of the
paragraph 3 shall be used mutatis mutandis here.
(6) the person concerned and corrupt and their agents have the right to
personally participate in the trial. President of the Chamber may, at the necessary
time restrict the participation of the injured party and interested persons on trial only,
If it is necessary for the clarification of the case, in particular, are to be
heard as witnesses to the injured party and then the party concerned
the person usually hear at the beginning of the taking of evidence immediately after the hearing of
the accused and in the course of the taking of evidence is to become familiar with the content of
the testimony of the accused.
The proceedings of the trial
§ 203
(1) main version control and, unless the law provides otherwise, the taking of evidence done
the President of the Senate. Making an individual evidence or the Act may delegate
a member of the Senate or its implementation save to the Prosecutor for
the terms of section 180 paragraph. 3. This does not affect the right of the State Attorney,
the accused and his defence counsel to ask for evidence to be taken under section 215 paragraph.
2.
(2) is required to so as to maintain the dignity and seriousness
a court hearing that the trial was not impeded interpretations that
unrelated to the present case, and that was targeted as effectively as possible to the
clarification of the matter.
(3) who feels a measure of the President of the Senate in the management of the trial
truncated, can apply to the Senate. Such a request and the decision to
It should be recorded in the Protocol.
§ 204
(1) persons that cancels the order, the President of the Senate from meeting hall
report on.
(2) the accused may be reported only by resolution of the Senate after the previous
the alert, and it only for the time strictly necessary. As soon as he was allowed to
again access to courtrooms, he shall notify the President of the Chamber the essential content of
hearing held in his absence, to be able to express it.
The beginning of the trial
§ 205
(1) the President of the Senate shall initiate the trial notice things that will
being discussed; then the President arrived to find a person that has been
the trial summoned or informed, and finds their
identity. For people, for which it is necessary to keep the time limit for the preparation,
Determines whether this deadline was maintained.
(2) if any of the persons invited in contempt, the Court
After hearing of the Parties present, whether it is possible to version anyway, or whether
It is necessary to continue them.
§ 206
(1) after carrying out operations listed in paragraph 205, the President of the Chamber shall invite the Prosecutor
representative to present impeachment.
(2) after the presentation of the indictment to the President of the Senate ask the injured party whether
proposes that the accused was ordered to to pay compensation or
non-material harm caused by the crime or to release
unjust enrichment obtained a criminal offence and to what extent.
If the injured party has not appeared at the trial and if its proposal contained
already in the file, the President of the Senate, reads this proposal from the file.
(3) where the rights of the damaged person, that this right is apparently
It is not for the Court, said that the person as a victim to
the main version. Such a decision shall not preclude the exercise of the right
for damages or non-material damage or unjust
enrichment before the competent authority.
(4) in accordance with paragraph 3, the Court shall proceed, even if only to prevent the participation of
the victim, the circumstances referred to in § 44 para. 2 and 3.
SECTION FOUR
The taking of evidence
The questioning of the accused
Section 207
(1) after presentation of the indictment and the statement of the victim hears the President
the Chamber accused the content of the indictment, and if a claim on
damages or non-material damage or unjust
enrichment, whether or not this claim.
(2) the Protocol on the earlier testimony of the accused is read only when the
in the absence of the defendant, if the defendant refuses to testify
or when the essential contradictions between his earlier testimony and
its data when the main version and the interrogation was carried out after the communication
the charge follows the corresponding provisions of this Act. On these
contradictions need to be accused to notify and ask it to their
the cause.
§ 208
If several defendants, President of the Chamber may take such measures, in order to
the defendant was tried in absentia co-defendants.
The defendant, however, should always be in the course of the taking of evidence familiar with
the content of the testimony of co-defendants who were questioned in his
the absence.
The implementation of further evidence
§ 209
(1) the President of the Chamber shall ensure that the witness was not even unheard
present at the interrogation of the accused and other witnesses. If there is a concern that the
the witness in the presence of the accused by the truth, or in the case of
the witness, or the person to whom he submitted testimony from in or near threaten to cause injury to the
health, death or other serious danger, President of the Chamber shall take the measures
appropriate to ensure the safety or confidentiality of the identity of the witness, or
reports of the accused for questioning such a witness out of courtrooms. After
return to courtrooms, however, the accused must be familiar with the contents of
testimony of a witness, you may to comment on it, and without a witness to the met,
He may, through the President of the Chamber to ask questions. In the case of a witness
whose identity has to be kept secret (article 55 (2)), the President of the Chamber
the measures make it impossible to determine the real identity of the witness.
(2) if in the trial heard the witness, whose identity has been
secret (section 55 (2)), the Court's own motion all necessary acts
to verify its credibility.
§ 210
If the expert has not submitted a written opinion on the matter yet, or is
departs or complements, the President of the Chamber to
opinion or its complement or to a log, he gives himself wrote.
§ 211
(1) the place of the hearing of a witness in the trial, you can read the Protocol on its
notice, if the Court does not consider personal interrogation necessary and the State
the representative and the defendant agree. If the defendant, who was
the trial duly summoned, fails to appear, without apology or without
serious reason of courtrooms, the consent of the accused with the moves by reading
such a Protocol on the questioning of a witness is not necessary and sufficient consent
the public prosecutor. On these facts, the accused must be in the summons
notified.
(2) the Protocol on the testimony of a witness, spoluobžalovaného or also reads
then, if the interrogation carried out in a manner appropriate provisions of this
the Act and the
and such a person died or) become missing, for long term stay
abroad, the unattainable, or got sick disease that permanently or
a foreseeable period of time makes it impossible for her after the hearing, or
(b)) was a unique act of immediate or effected under section 158a.
(3) the Protocol on the earlier testimony of a witness is read even if only if it was
the interrogation carried out in a manner consistent with the provisions of this Act, and
a witness in the trial refused to testify without authorisation or in the
important respects deviates from the earlier testimony and
and defence counsel or the accused) had the chance to present the earlier questioning
to participate and ask questions vyslýchanému
(b)) if it is discovered that such a person was the subject of violence,
intimidation, bribery and promises of other advantages and so brought,
to nevypovídala or give false testimony, or
(c)) if the contents of the testimony affected the course of the hearing in the trial,
in particular, as a result of the behavior of the accused or the public present.
(4) the Protocol on the testimony of a witness in the trial, which took advantage of their
the rights to refuse to testify under section 100, it can be read only by assuming that
the witness was before the hearing of his right to refuse to testify properly
informed and expressly stated that this right does not use to hearing
carried out in a manner consistent with the provisions of this law and the accused
or defence counsel had the opportunity to participate in this hearing.
(5) the place of the hearing of an expert, you can read the Protocol of his testimony or his
the written opinion, if an expert was instructed before submitting a report under the
§ 106, there are doubts as to the correctness and completeness of the report and the State
the representative and the defendant agree. The provisions of paragraph 1, second sentence
and the third the shall apply mutatis mutandis.
(6) with the consent of the Prosecutor and the accused may be in the main version
read the official record of the explanations people and to perform other operations (§
paragraph 158. 3 and 5).
(7) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis on the reading logs are used and on the
play audio and video footage of the hearing
carried out via videoconferencing equipment.
§ 212
(1) If a witness Departs or spoluobviněný in important respects from the
his earlier testimony and unless the cases referred to in the provisions of § 211
paragraph. 3 or a statement made as urgent or unrepeatable
the Act under section 158a the Protocol, he may be about his interrogation of the preparatory
control, which has not been given the opportunity to make defenders he was present,
or its relevant parts of one of the parties or by the President of the Senate
only předestřeny to explain discrepancies in his statements to the Court could
in the context of the free assessment of evidence to assess the credibility and truthfulness of his
testimony in the trial.
(2) Předestření an earlier denunciation under paragraph 1 shall consist in the reproduction
those parts of the Protocol on the previous questioning, which has heard the
the person to express and explain the contradictions between his statements. The Protocol on the
the testimony, which was předestřen, can not be basis of conviction
the accused, even in conjunction with other evidence in the case made.
§ 212a
Damaged, which is the victim of a criminal offence under the law on victims of
offences may apply in the main proceedings, in order to make a declaration
What impact had committed offence on his past life, and
even in the case that has made a declaration in writing. The President of the Senate is
obliged to comply with the request and allow the oral declaration at the latest at
the final speech. Oral statements of the damaged can be stopped only if the
If the apparently deviates from its frame.
§ 213
(1) opinions, messages of the State and other organs and other instruments and other
material evidence at the trial shall submit to the parties to them, and
If necessary, it shall submit to the inspection as well as witnesses and experts.
(2) if either party will propose a reading of the Charter referred to in
paragraph 1, the Court is obliged to the trial of such researches.
section 214
The accused must be after each proof asked whether he wants to
It expressed, and his statement is written to the log.
section 215
Cooperation of the parties in the taking of evidence
(1) the Prosecutor, the accused, his defence counsel and legal representative,
the person concerned, the injured and their agents may, with the consent of the
President of the Chamber to ask questions examined, usually when
the President of the Senate when questions over and no longer have the questions members
the Senate.
(2) the Prosecutor, the accused and his defence counsel may apply for them
It was to carry out the evidence, in particular, the hearing of a witness or expert.
President of the Chamber met in particular when it comes to evidence
carried out to their design or stored and presented by; is not obliged to
met, in the case of interrogation of the accused, witness before
fifteen years old, sick or injured witness or if
evidence either of these people were not from another serious
because of the fit. If the hearing of a witness or expert in the same
designed as a public prosecutor and the accused or defence counsel, and the two
the parties asked for the execution of the hearing, the presiding judge shall decide, after
the observations of both parties about which of them performs an interrogation. The implementation of the
questioning one of the listed parties, the Chairman of the Senate break only
If a hearing is not conducted in accordance with the law, on the front of
vyslýchajícím is restrained or is it maintained other interrogation inappropriate
way, or the President of the Senate or the Chamber considers it necessary
ask the vyslýchanému question, which it is not possible to postpone the laying period
such questioning or its parts.
(3) After the hearing or part of execution referred to in paragraph 2 shall have the right
the other party to ask vyslýchanému questions. The last sentence of paragraph 2,
Similarly here.
(4) after all of the evidence, the presiding judge finds that the parties do not make
proposals for additional evidence.
THE FIFTH SECTION
The conclusion of the trial
Closing speech
§ 216
(1) if there is no other evidence or proposals, it was decided that the
more evidence will not be carried out, the President shall declare the Senate performance with the
completed and grant the word final talk.
(2) After the final speech of the State Prosecutor to speak is damaged, the interested
person, defence counsel of the accused or the defendant. If it has a damaged or
the person concerned has an agent, the agent will speak. If necessary, shall determine the
order of the President of the Senate, which after closing speech Prosecutor
take the words of the individual beneficiaries. The defence lawyer of the accused, or
the defendant, however, always the last to speak.
(3) If, after the accused's defence counsel or speech took the words again
the Prosecutor, the defence counsel or the accused has the right to
to answer.
(4) the final speech, the President may interrupt the Senate only if they fall outside
apparently from the scope of the present case.
§ 217
After the end of the final speech, and before going to a final consultation grants
President of the Chamber accused the last word. During this speech
not to be accused even by a court, nor anyone else asked questions.
§ 218
Additional evidence
(1) if the Court finds that, due to the talk, or the final final
consultation, that is yet to be any circumstance clarified that the Act
the taking of evidence to be completed, and the trial continues.
(2) When additional evidence is always necessary to again give the word to the final
the talk.
THE SIXTH SECTION
An adjournment of the trial
section 219
(1) the Court odročí the trial, if there is an obstacle, for that cannot be
the main trial or resume, the date when the
will be held the next major version; continue the trial indefinitely is
possible only if required by the nature of the Act, for which the main version is not
possible to carry out or continue. Falls off if you
the trial had to be adjourned indefinitely, you must, without undue
delay, at the latest, within the time limits specified in § 181 paragraph. 3 after the disappearance of
obstacles to order the trial or take other action to
the end of things. If so, President of the Chamber, for important reasons
to do so, apply, mutatis mutandis, to section 181 paragraph. 3 the last sentence.
(2) before the trial court odročí, President of the Chamber finds that the
parties are further evidence that would be needed for the next version
to annotate.
(3) if there is no need for a substantial defect management or from another
important reason to perform a major version again, the President of the Senate shall communicate to the
continuing in the odročeném trial the essential content of the current
the negotiations. If you have changed the composition of the Senate, or passed from the adjournment
the trial longer, it reads with the consent of the Prosecutor and
Chairman of the Board of the accused, the essential content of the Protocol on the main version,
including evidence taken therein; If approval is given, must be core
version done again.
THE EIGHTH SECTION
The Court's decision in the main proceedings
section 220
Basis for decision
(1) the Court may decide only on the deed, which is listed in the plea
the proposal.
(2) when the decision may only be taken into account only to the facts that have been
discussed in the main version, and based on the evidence that the parties
submit and implement, where appropriate, that he himself said.
(3) the legal assessment of the deed in the indictment, the Court is not bound.
§ 221
The return of the case to the Prosecutor
(1) show the results of the trial to a substantial change of circumstances
the case, and if it is necessary to clarify things further investigation, the Court may
refer the case back to the Prosecutor for investigation.
(2) the Court returns the case to the Prosecutor for investigation also indicates a
the results of the trial, that the accused has committed another
deed, which is a criminal offence and the Prosecutor on the case
ask given the need for common discussion.
(3) the provisions of section 191 applies also to return the things referred to in paragraphs 1 and 2.
(4) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 222
Referral to the
(1) if the Court finds in the zažalovaném deed a criminal offence, to the discussion of the
is not competent to decide on the presentation of the case for decision on jurisdiction
the Court, which is the closest parent together to him and of the Court, which is based on
him competent. However, it is required to decide the matter himself, if only
the jurisdiction of the local and the defendant is not complained; It is also obliged to myself thing
decide if it should be ordered to close as possible together supervisor
the Court of the Court of the same kind, but with a lower classification. Decide on the submission of
the decision on the matter of jurisdiction, the Court cannot, whom the case was
Superior Court ordered, unless the factual basis for the
assessment of the jurisdiction has changed considerably in the meantime.
(2) the Court shall refer the matter to another authority, if it is satisfied that it is not about
the offense, however, zažalovaný deed might be assessed by another institution
as a misdemeanour or disciplinary transgressions, which is the competent authority responsible
make decisions.
(3) against a decision on referral in accordance with paragraph 2, the Prosecutor
to file a complaint, which has a suspensory effect.
§ 223
Stopping criminal prosecution
(1) the Court will stop the prosecution, if the Court finds for the trial, that the
It is one of the circumstances referred to in section 11.
(2) the Court may suspend the criminal proceedings even if if the Court finds for the main
version, there is one of the reasons set out in section 172 para. 2.
(3) the decisions referred to in paragraphs 1 and 2 may also relate to only one of the
acts for which prosecution has been made.
(4) against the decisions referred to in paragraphs 1 and 2, the Prosecutor may submit a
the complaint, which shall have suspensive effect.
section 223a
Conditional cessation of criminal prosecution and the approval of the settlement
(1) the Court in the trial the prosecution conditionally stops or
shall decide on the approval of the settlement, if it finds the circumstances referred to in section 307
paragraph. 1 or 2 or § 309 para. 1.
(2) against the decision referred to in paragraph 1, the Prosecutor, the accused
and to file a complaint, which has a suspensory effect.
§ 224
Interruption of criminal prosecution
(1) the Court suspends criminal prosecution if the Court finds for the trial, that the
It is one of the circumstances specified in § 173 paragraph. 1 (b). b) to (d)), or from the
the ground provided for in paragraph 9a(1). 2.
(2) the Court suspends criminal prosecution if the accused cannot be
deliver the summons to trial.
(3) where the grounds for interruption to pass away, the Court in the criminal prosecution continues.
(4) against the decision of the Court in which the prosecution broke or which
a proposal for the continuation of it dismissed, prosecutors can file a complaint.
(5) the Court suspends criminal prosecution if it is considered that the law, the use of which is
in a criminal case for deciding guilt and punishment, is in
contrary to the constitutional order and shall refer the matter to the Constitutional Court.
The judgment of the
§ 225
(1) if the thing be returned to the Prosecutor pursuant to § 221, submitted to the
decision on jurisdiction under § 222 para. 1 or referred to another
authority under § 222 para. 2 and if there is no cessation of criminal prosecution
under section 223, to conditional cessation of criminal prosecution or the approval of the
a settlement pursuant to section 223a or interrupted pursuant to § 224, the Court
the judgment of whether the defendant acknowledges the guilty or acquitted
releases.
(2) Recognize the accused guilty criminal offence according to the more stringent
provisions of the Act, rather than by the prosecution, the judge may act
the Court only when the defendant was on the possibility of a more stringent
the assessment of the deed notified under section 190 paragraph. 2.-If so, is
should the accused the option warn before plotting the
judgment, and asks about it, give him a time limit for the preparation of the defence again
and the main version for this purpose continue.
§ 226
The Court shall relieve the accused of the indictment, if based on the evidence
presented in the main proceedings by the public prosecutor and, where appropriate, supplemented by
Court, and to the proposals of the other party,
and has not been proven) became an offence for which the accused is prosecuted,
(b)) in his statement of the proposal marked an act is not a criminal offence,
(c)) has not been proven that the accused committed this deed,
(d) the accused is not for insanity) criminally responsible, or
e) crime.
§ 227
If the criminal prosecution was stopped as a result of the granting of grace,
Amnesty, limitation or because the consent of the victim with the criminal
prosecution was not given or was taken back, or for any of the reasons
referred to in section 172 para. 2 and in the proceedings continue only because
the defendant insisted on the hearing of the case (article 11, paragraph 4, section 172 (4)),
the Court, when it finds it no other reason for the acquittal of the accused,
While the blame, punishment, however, does not save.
§ 228
(1) if the Court Disapproves the accused for the crime, which caused the
other property damage or non-material damage or fixing to the detriment of
the victim unreasonably enriched, impose in the judgment to the victim
replace the property damage or non-material damage, in cash or in order to
issued the unjust enrichment claim in time, if it was applied (§ 43
paragraph. 3), unless otherwise provided by this Act; unless the statutory
obstacle, the Court the accused always saves the obligation to pay compensation or to
the issue of unjust enrichment, provided that the amount of damages or the scope
unjust enrichment of part of the description referred to in the operative part of the deed
the judgment by which the defendant acknowledges the guilty, and the damage in this amount has not been
not yet paid or unjust enrichment has not yet been in this range
released.
(2) the Statement of the obligation of the defendant to pay compensation or non-material
harm or unjust enrichment must exactly
indicate the person authorized and entitled, which was attributed to him. In
justified cases, the Court may pronounce that the obligation is to be fulfilled in the
instalments, the amount and the terms of repayment while determining.
(3) the operative part of the judgment on the performance in money might be on the proposal
expressed in a foreign currency, if it does not contradict the circumstances of the case and
and) damage was caused by the funds in a foreign currency or on
cases purchased for such funds, or
(b) the defendant or the sufferer is) cizozemcem.
(4) if the Court Disapproves the accused for the crime of jail sentence
imprisonment, and if the victim admits at least partly qualify for
damages or non-material damage in money or issuing a
unjust enrichment, it shall instruct the injured party of the possibility to request a
notice of the holding of a public meeting on conditional release from punishment
the deprivation of liberty. The request of the injured party of the Court which gave the judgment in
the first instance.
§ 229
(1) If according to the results of evidence for voicing the obligation to
damages or non-material damage in money or to issue
unjust enrichment of surface or if it would be for a decision on the
the obligation to compensate for damage or non-material damage in monetary terms or to
the issue of unjust enrichment must carry out further evidence which would
significantly delayed criminal proceedings, the Court will refer the victim to the proceedings in the
civil, or to proceedings before another competent
authority.
(2) The proceedings in matters of civil law, where applicable, the procedure before the
other competent authority, the Court will refer the victim also with the rest of his
the claim, if a claim for any reason, be granted only in part.
(3) If a court waives the prosecution of the accused, the injured party refers to
his claim for damages or non-material damage, in cash or in
the issue of unjust enrichment always on management matters
civil, or to proceedings before another competent authority.
§ 230
(1) if the Court finds that the defendant's reason for the imposition of a safeguard measure
can you save without an application by the public prosecutor.
(2) if the Court needs to make a decision on the protection measures
yet more evidence that cannot be implemented immediately, reserves
a decision on protective measures to the public meeting.
(3) proceed in accordance with paragraph 2 can be used even if the Prosecutor
It has made a proposal to prevent things components of the defendant.
THE EIGHTH SECTION
The Court's decision outside the main version
§ 231
(1) if found outside the trial one of the circumstances referred to in
§ 223 para. 1 and 2, section 223a para. 1 or § 224 of paragraph 1. 1 and 2, the Court decides
on the suspension of criminal prosecution, or its interruption, the conditional
stopping criminal prosecution, or for the approval of the settlement.
(2) in addition to the trial court in a private session.
If it considers it necessary for the President of the Senate, can the decision on
the settlement requires the approval of the public meeting.
(3) against the decision referred to in paragraph 1, the Prosecutor may submit a
the complaint, which has, except for the suspension of criminal prosecution, the suspensory
effect. Against a decision on conditional cessation of criminal prosecution or
on the approval of such a settlement may also complain to the accused and
damaged.
THE HEAD OF THE FOURTEENTH
Public meeting
§ 232
General provisions
In the public meetings of the Court, where the law expressly provides.
§ 233
Preparation of the public meetings of the
(1) the President of the Chamber shall invite to the meetings of the persons whose personal
participation in it is needed. The public prosecutor shall inform the meeting,
as well as the person who gave the design to the public meeting of the initiative and the
the person who may be directly affected by a decision, if these persons
public meetings have been summoned; also, if appropriate, shall inform the Attorney
fiduciary and legal representative of such persons. To a subpoena or
the notification a copy of the proposal, which connects to the public meeting given by the
the initiative.
(2) the date of the public meeting, the President of the Chamber, so that the person
that meeting gave the public its proposal for the initiative, the person may
be directly affected by a decision, advocates or agents of those persons,
as well as the Public Prosecutor remained from the service to the public
the meeting or of the notification about it at least a five-day period to prepare.
Shortening this period is possible only with the consent of, in whose interest it is
the time limit given. For other persons of the public meetings of the
be summoned or, on the need to maintain a generally
the three-day period.
section 234
Presence at a public meeting
(1) the public meeting is held for the permanent presence of all the members of the Senate and
the rapporteur. The presence of other people can be ensured and
through videoconferencing facilities; § 111a shall apply mutatis mutandis.
(2) unless otherwise provided in the Act of something else, there is no participation of the public prosecutor and the
Defense Attorney at a public meeting.
The progress of the public meetings of the
section 235
(1) following the initiation of the public meeting, the President shall submit or by the
the Senate on the basis of the documents before the Court, a report on the State of Affairs focused on the questions that
It should be in a public meeting to address. Then the person that gave his
the proposal to the public meeting of the initiative, design matters. The person who can
be directly affected by a decision of the public prosecutor, as well as on the draft
expressed, if not to the applicant.
(2) if they are carried out at a public meeting of the evidence shall be reasonably
the provisions on the taking of evidence at the trial. Restrictions in the taking of evidence
reading Protocol on the testimony of a witness or expert or by playing a
video and audio footage of their interrogation, carried out by
through videoconferencing facilities (§ 211, paragraphs 1, 5 and 7)
applies only to a public meeting held on the appeal.
(3) After the taking of evidence shall grant the President the Senate final word
proposals. If the person who may be directly affected by the decision,
the accused has the right to speak last.
section 236
The Court's decision will always be published publicly.
§ 237
Basis for decision
In its decision the Court may take into account only the facts that have been
discussed in a public meeting, and based on the evidence that has been in
the public session made.
§ 238
The use of provisions on trial
On the public, the management, the beginning and the adjournment of the public meeting is to be used
mutatis mutandis, the provisions relating to the main version.
Protective treatment, security detention and prevents things
§ 239
the title launched
(1) unless it is a case where the Court's decision on the protection of healing,
security detention or about preventing things reserved pursuant to § 230 para. 2,
You may save them in open court, only if it proposes the public prosecutor.
(2) the decision on the protection of the safety cure, detention and
prevents case is admissible a complaint which shall have suspensive effect.
section 239a
(1) If, in proceedings for things measured reliably prevents the owner of the things
to be taken, or if his residence is not known, he will appoint the President of the
the Senate of the guardian. The guardian has in preventing things the same rights
as its owner.
(2) all documents intended for the owner of the case shall be served only
guardian. A summons to the owner of the things meeting the appropriate
way to publish. A public meeting is even in the absence
owner, regardless of whether the owner of the things about him
learned.
(3) the decision on the provision of custodian is admissible a complaint.
THE HEAD OF THE FIFTEENTH
A non-public meeting
§ 240
In a private session shall be decided by a court where there is no prescribed by law,
that will be decided in the trial, public meetings, or by
meeting.
§ 241
cancelled
§ 242
(1) a non-public meeting is held for the permanent presence of all the members of the Senate
and the rapporteur.
(2) other persons are involved in the private session.
§ 243
If you need to perform when a private session of evidence, it is
by reading the reports and other documents.
§ 244
The decision will always be published.
THE HEAD OF THE SIXTEENTH
Appeals and proceedings
§ 245
Admissibility and effect
(1) an appeal against the judgment of the Court of first instance is
the appeal. Against the judgment, which the Court approved the agreement on guilt and punishment,
an appeal may be only in the case that such a judgment is not in accordance with the
the agreement on guilt and punishment, whose approval of the Court, the Prosecutor suggested.
Against the judgment, which the Court approved the agreement on guilt and punishment, may
injured party which filed a claim for damages or non-material damage
or on the issue of unjust enrichment, to appeal for the incorrectness of the
statement on damages or non-material damage in the money or the release of
unjust enrichment, unless the agreement on guilt and punishment, he agreed with
the scope and manner of compensation for damage or non-material damage or release
unjust enrichment, and this agreement has been approved by the Court in the form, with the
to which he agreed.
(2) the appeal shall have suspensive effect.
Authorised persons
§ 246
(1) judgment may appeal to challenge
and the Prosecutor for inaccuracy) of any statement,
(b) the defendant for the incorrectness of the operative part) that directly affects him,
(c) the person concerned for inaccuracy) opinion about preventing things
(d)) the injured party which filed a claim for compensation for damage or non-material
injury or unjust enrichment, for the incorrectness of the statement of
damages or non-material damage in the money or the release of
of unjust enrichment.
(2) a person entitled to challenge a judgment for any incorrectness of his
the operative part it can challenge also because such a statement has not been made, as well as
(I) for infringements of the provisions on the procedure before judgment, if
This may cause the statement is incorrect or missing.
§ 247
(1) to the detriment of the accused may contest the judgment by reference only
State representative; only as regards the obligation to compensate for damage or
non-material damage in monetary terms, or to unjust enrichment, has
This right also injured party which filed a claim for damages or
non-material damage or unjust enrichment.
(2) the defendant may appeal to challenge the judgment in addition to
the accused and the Prosecutor and relatives of the accused in the tribe
direct, his siblings, adoptive parent, osvojenec, husband, partner and friend.
The State Prosecutor may do so even against the will of the accused. If
the defendant deprived of legal capacity or if its
competence to perform legal acts is limited, even against the will of the accused for
his appeal on his behalf also his legal representative, and his
Defense Attorney.
§ 248
Time and place of
(1) the appeal is lodged with the Court, against whose judgment is directed, within
eight days from receipt of a copy of the judgment.
(2) if the judgment be served on both the accused and his lawyer
and the legal representative, the period runs from the service that was performed
at the latest.
(3) other persons referred to in section 247 paragraph. 2, with the exception of the State
Representative, the limit ends on the same date as the accused.
§ 249
The content of the appeal
(1) an appeal must be within the period referred to in Section 248 or, in the further period of time to
by the Chairman of the Senate of the Court of first instance under section 251 also
justified so that the helmet, in which judgment is challenged by statements
and what defects are alleged to have the judgment or proceedings of the judgment
preceded by. Must be an authorized person briefed.
(2) the public prosecutor is obliged to state whether the appeal is filed, even if
in part, the benefit or to the detriment of the accused.
(3) an appeal may be to rely on new facts and evidence.
§ 250
The surrender and withdrawal of appeal
(1) following the publication of the judgment creditor may appeal expressly
give up.
(2) a person who has lodged the appeal is an explicit statement can take
back up until the appeals court removes the final consultation.
The appeal of the Prosecutor may withdraw and superior public prosecutor.
(3) an appeal lodged in favour of the accused other authorised person
or for the accused's defence counsel or legal representative may be taken
back only with the express consent of the accused. The State Prosecutor may take
such an appeal back even without the consent of the accused. In this case, running
defendant, the new time limit for lodging appeals of the notification that the appeal
was taken back.
(4) the discontinuance of the appeal, unless the obstacles, the resolution noted the
President of the Chamber of the appeal court, and if the matter was not before this Court
submitted to the President of the Chamber, the Court of first instance.
§ 251
Proceedings before the Court of first instance
(1) if the appeal does not comply with the State Prosecutor, appeals, which filed for the
the prisoner, his counsel or the appeal filed for defective
or for the person involved, their agent, the elements of the content of the appeal
under section 249 para. 1, the President of the Senate, will prompt them to remove defects in the
within five days, while laying down them and warns them that otherwise
the appeal will be rejected in accordance with § 253 para. 3. the same applied, if
such an appeal filed by the defendant who has a lawyer, damaged or
the person concerned who have an agent.
(2) if the defendant who filed the appeal do not meet requirements
content of notice of appeal under section 249 para. 1, a defense attorney, it shall invite the President of the Chamber
to correct the defects within a period of eight days and provide it to remove the defects
the appeal of the necessary lessons. If it did not lead to the remedy or if required by the
the nature of the case, and the accused's defence counsel himself did not elect,
He appoints for the purpose of just grounds for appeal or even advocacy in
Chairman of the Board and of the appeal proceedings, proceed in accordance with paragraph 1. U
the injured party and interested persons who do not have an agent, it shall
President of the Chamber appropriately.
(3) Once the time limits have elapsed for filing an appeal and the time limit for the removal of defects
the appeal for all beneficiaries, President of the Chamber shall deliver a copy of the
the appeal and the reasons for the other parties and their nevyčkávaje
representation shall submit to the writings of the Court of appeal.
§ 252
The Court of appeal
An appeal against the judgment of the District Court shall be decided by the parent County
the Court and the appeal against a decision of a military court decides
the parent of a higher military court. On the appeal against the judgment of the regional or
the higher military court as the Court of first instance shall be decided by the parent
High Court. ^ *)
--------------------
*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed
the military courts.
The decision of the Court of appeal
§ 253
(1) the appellate court rejects the appeal, if it was filed out of time, a person
unauthorized or person who has expressly waived the revocation or
filed an appeal in the same case had already expressly taken back.
(2) as a lazy cannot be refused the appeal, that the authorized person
filed out of time just because they have followed an incorrect instruction of the Court.
(3) the appellate court rejects the appeal, which does not meet the requirements of content
the appeal.
(4) refuse the appeal referred to in paragraph 3 may not be, if not
authorised person duly advised in accordance with § 249 para. 1 or not authorized
a person who does not have a lawyer or agent, assisted in
remove the defects of the appeal (§ 251, paragraph 2).
§ 254
(1) if it does not reject or reject an appeal to the Court of appeal under section 253,
examine the legality and substantiation of the detachable sayings
the judgment against which the appeal is brought, and the accuracy of the progress of the procedure,
that preceded them, and in terms of the alleged defects. The defects, which
they are not citing the charges, the Court of appeals shall take into account only if they have the effect of
on the accuracy of the statements, against which the appeal is brought.
(2) If, however, the impugned defects originate in a different scope than in the fact
against which the appeal is brought, the Court of appeal and shall review the correctness of the
such a statement, that the appeal, if the contested statement follows
the authorized person may lodge an appeal against it.
(3) if the person concerned lodges an appeal against the conviction,
will review the Court of appeal in the wake of the alleged defects and opinion on the
the sentence, as well as other statements, which are in the conviction of its basis,
regardless of whether it was an appeal against these decisions.
(4) if the appeal challenged part of the judgment relating to only some of the
more people, which have been decided in the same judgment, the Board of appeal shall examine
the Court in the manner just that part of the judgment and of the previous proceedings,
that refers to this person.
Section 255
(1) the Court of appeals suspends criminal prosecution if a Board of appeal
management made it clear that after the publication of the contested judgment, one of the
the circumstances referred to in section 173 paragraph. 1 (b). b) to (d)), unless
the defendant to deliver the summons to the public meetings of the Court of appeal
or that referred to in section 9a.
(2) the Court of appeals suspends criminal prosecution if it is considered that the law, which
take in a criminal case, the CFI when deciding on guilt and
the sentence is in conflict with the constitutional order; in this case, refer the matter to
To the Constitutional Court.
§ 256
Court of appeal, the appeal shall be refused if the Court finds that it is not reasonable.
§ 257
(1) the Court of appeal, the judgment under appeal and cancels all or part of the extent
cancellation
and) decide to bring the case to the jurisdiction of the Court which
together, the Superior Court of first instance and of the Court, which is based on the
appropriate, if he had to make the Court of first instance (article 222 (1));
If the Superior Court appellate court together, the decision immediately
in itself, the commandment to the competent court,
(b) it shall refer the matter to another body), you should do so already in the Court of first
degree (section 222, paragraph 2),
(c)) the prosecution stops, if the Court finds that there is a certain of the circumstances,
that would justify stopping the prosecution of Court of first instance
(§ 223 para. 1, 2),
d) prosecution conditionally stops or decides on the approval of the
the settlement, if it finds that the circumstances referred to in § 307 paragraph 1. 1 or 2 or §
309 para. 1,
e) prosecution interrupted, should do so no longer Court of first instance
(§ 224, paragraphs 1, 2 and 5).
(2) if the appellate court finds that there is any of the circumstances provided for in §
11 (1) 1 (b). a), b), (i)), which occurred after the publication of the contested
judgment of the Court without the judgment under appeal set aside, stop
a criminal prosecution.
(3) in appeal proceedings, in which the prosecution was stopped from
one of the reasons referred to in paragraph 2 shall, however, continue to declared
the accused within three days from the time when he was a resolution on the cessation of the criminal
the prosecution announced that the consideration of the case. It should be about that of the accused
enlighten.
§ 258
(1) the Court of appeal, the judgment under appeal also cancels the
and for essential defect management), which preceded the judgment, in particular
because in this procedure have been infringed the provisions governing
secure the clarification of the case, or if the rights of defence, could have the effect of
on the accuracy and legality of the examined part of the judgment,
(b)) for the defects of the judgment, in particular, for the lack of clarity or incompleteness of the
the facts relating to the part of the judgment, or
because it is on such parts of the Court failed to examine all the circumstances
is relevant to the decision,
(c)) will be incurred if in doubt about the correctness of the facts regarding the
the part of the judgment, to clarify things, the evidence must be repeated
or examine evidence more and their application before the Court of appeal should
meant to replace the activity of the Court of first instance,
(d)) was examined in part the judgment of the violated provisions of the criminal
the law,
(e)) where the penalty imposed in the part of the judgment was unreasonable,
(f)) where the decision as the right of the injured party in the
part of the judgment is incorrect,
(g)) if it is not in accordance with the agreement on guilt and punishment whose approval state
the representative suggested to the Court; This does not apply if the statement of claim as
the injured party, which with the agreement on guilt and punishment, or
the victim, whose duly claim agreement on guilt and punishment
does not match.
(2) if it is defective only part of the judgment under appeal and can be separated from the
the other, the judgment of the Court of appeal cancelled only in this section; If
However, even if only in part, the statement of guilt, always at the same time the entire statement cancels the
the sentence, as well as other statements, which are in the conviction of its surface.
section 259
(1) If, after the annulment of the contested judgment, or some of its parts should be
make a new decision on the matter, the Court of appeal may thing returned to the Court
of first instance only if the defect cannot be in public session,
in particular, if the findings are so inadequate, that should be the main
version or perform extensive and difficult to implement replenishment
the taking of evidence.
(2) if the defect only in the fact that in the contested judgment any statement
is missing or incomplete, the Court of appeal may, without judgment, cancels the thing
Court of first instance with the order to return the missing statement decided to
or incomplete statement said.
(3) the judgment in case to the Court of appeal may, if
a new decision can be made on the basis of the facts that was in
the judgment under appeal correctly detected and, where appropriate, on the basis of the evidence
that were made before the Court of Appeal added or changed. The Court of appeal is
may derogate from the factual findings of the Court of first instance only if the
If, in appeal proceedings
and again some) carried out a for factual findings essential evidence
made already in the main version, or
(b)) carried out the evidence which have been performed in the main version.
(4) to the detriment of the defendant the Court of appeal may vary
the judgment only on the basis of the Prosecutor's appeal, which was filed in
disadvantage of the accused; in the operative part or non-material damages
injury in the money or the release of unjust enrichment may do so
also on the basis of the appeal of the injured party which filed a claim for compensation
or non-material damage or damage to the unjust enrichment.
(5) the Court of appeal cannot itself
and recognise the accused guilty deed), which has been contested by the judgment
relieved,
(b)) recognise the accused guilty criminal offence heavier than it could in the
the contested judgment, the Court of first instance recognised guilty (section 225 (2)).
§ 260
If you cannot continue after the cancellation of the judgment in the proceedings before the Court of
unrecoverable procedural irregularity and if there is no reason for a different decision,
Returns the matter to the Court of appeal to the Prosecutor for investigation. The provisions of § 191
and section 264 paragraph. 2 there shall apply mutatis mutandis.
§ 261
Benefits-if the reason from which the Court of Appeal decided in favour of a
the accused, also the next spoluobžalovanému or the person concerned,
the Court of appeal will decide whether or not always in their favor. Just decide in
benefit of the defendant, which benefits the reason from which ruled in
the benefit of the person concerned.
§ 262
If the Court of appeal that the case returns to a new discussion and
the decision of the Court of first instance may order that a
discussed and decided in a different composition of the Senate. Of the important reason,
You may also direct that it discussed and decided to another court of the same species and
the same instance in its place.
§ 263
Proceedings in the Court of appeal
(1) an appeal shall be decided by the Court of appeal at a public hearing. Also in the
private session can make the decision
and) under section 253, 255 and 257,
(b)) under section 258 paragraph. 1, it is clear that the defect cannot be deleted in
the public session.
(2) the participation of a Prosecutor in the public session is mandatory.
(3) at a public meeting held on the appeal, a defendant must have
advocate in all cases where it must have when the main version.
(4) in the absence of the defendant, who is in custody or in the performance of
imprisonment, the Court of Appeal held a public meeting only
If the accused expressly declares that participation in public
the meeting gives up.
(5) following the initiation of the public session of the Senate or by the Chairman
specified by the Member of the Senate of the judgment under appeal and shall submit a report on the State of things. Then
raised by the appellant of his appeal and justify them; If the appellant
present, reads the appeal including the preamble to the President of the Chamber or its
specified by the Member of the Senate. The Prosecutor and the person, which may be
the appeal court's decision directly affected, if not to the appellant,
make its observations and suggestions on the taking of evidence; If it is not
some of those persons present and if the observations contained in the file,
or if so requested by it, the Chairman shall refer the contents of their administration of the President of the Senate, or
by a member of the Senate.
(6) after the presentation of the proposals in the public meetings of the Court of appeals will perform
the evidence needed for a decision on the appeal, unless it is a large and
difficult to implement additional evidence, which would mean replacing the
the activity of the Court of first instance. On the taking of evidence is to be used, the provisions of
taking of evidence in the trial. If the accused is not present, although he was
duly summoned, it is considered that, by reading the protocols of interrogation
witnesses and experts agree.
(7) in terms of changes or additions to the factual findings of the Court of appeal
may take into account only the evidence that were made in the public meetings of the
before the Court of appeal; This evidence further to evaluate the evidence
made by the Court of first instance in the main proceedings. The Court of appeal is
bound by the assessment of the Court of first instance of the evidence with the exception of those
the evidence which the Court of Appeal itself again at a public hearing.
§ 264
Proceedings before the Court of first instance after the cancellation of judgment
(1) the Court to which the case was returned for reconsideration and decision, it is
bound by the legal opinion expressed in its decision, the Court of appeal,
and is obliged to perform tasks and the addition of the Court of appeal
He ordered.
(2) if the judgment Was cancelled as a result of appeal only in the
defendant cannot in a new decision to change management
in its detriment.
§ 265
Consequences of the cancellation of verdict on damages or non-material damage in the
the money or the release of unjust enrichment
If the Court of appeal, the judgment under appeal only in the operative part of the refund
damages or non-material damage in the money or the release of unjust
enrichment and unless the requester himself in case the injured party to the proceedings in the
civil, or to proceedings before another competent
authority.
THE HEAD OF THE SEVENTEENTH
LEAVE to APPEAL
section 265a
The admissibility of the appeal
(1) the further appeal may be subject to the final decision of the Court on the merits,
If the Court ruled in the second degree and the law permits.
(2) the Decision on the merits of means
and judgment, which was) the accused found guilty and saved his penalty,
where appropriate, a safeguard measure or punishment has been waived,
(b)) judgment, which was accused of the indictment released from,
c) resolution on the cessation of criminal prosecution,
(d)) the resolution on the transfer of the case to any other authority,
(e)) the resolution, which was imposed a safeguard measure
(f) the conditional stop) the resolution of criminal prosecution,
g) resolution on the approval of the settlement, or
(h)) decision, which was rejected or denied ordinary appeal
against the judgment or order referred to in subparagraphs) to (g)).
(3) an appeal to the detriment of the accused may be made only on the grounds that the
the Court proceeded in accordance with article 259 paragraph. 4, § 264 paragraph. 2, § or § 273
289 (c). (b)).
(4) the appeal only against the grounds of the decision are not permissible.
section 265b
The reasons for the appeal
(1) an appeal may be lodged only if there is any of the following reasons:
and in a case decided in substance) to decline jurisdiction court, or the Court, which has not been
Accordingly, unless the place occupied by the single judge ruled the Senate or decided
higher court,
(b)), decided to foreclosed authority; This ground does not apply when
This circumstance was the one who serves the appeal, is already in the main proceedings
known and it was not before the decision of the authority of second instance namítnuta,
(c) the accused had no control), although according to the law have had,
(d)) was a breach of the provisions of the presence of the accused in the main proceedings
or in the public session,
e) against the accused was led by the prosecution, although according to the law
It was unacceptable,
(f)) it was decided to transfer the case to another body, terminating
criminal prosecution, conditionally cease prosecution, about
approval of the settlement, without the conditions for such a decision,
g) decision is based on an incorrect legal assessment of the deed or other
the wrong substantive law,
h) the accused person was saved by the kind of punishment that the law does not permit,
or he has been sentenced in an area outside the criminal rate provided for in the
the Criminal Code of the offence with which he was convicted,
I) it was decided to forgo punishment or abandonment of
punishment with supervision, without the conditions laid down by law for the
such a procedure,
(j)), it was decided to impose a safeguard measure, without have been met
the conditions laid down by law for the imposition,
to a statement in the decision) is missing or incomplete,
l) it was decided to reject or reject the proper correction
the resource against the judgment or order referred to in section 265a para. 2
(a). a) to (g)), without the procedural conditions laid down are met by law
for such a decision or even though he was in his previous management given by the
the reason for the leave to appeal referred to in (a)) to).
(2) an appeal may be filed even if the imprisonment on
a life sentence.
§ 265 c
Dovolací Court
The appeal shall be decided by the Supreme Court.
§ 265d
Authorised persons
(1) an appeal may be made by
a) on a proposal from the Prosecutor or Chief of the district public
representative or even without such a proposal for any incorrectness of the statement
decision of the Court in favour of and against the accused, the
(b) the accused person for the incorrectness of the operative part) the Court's decision, which it
of direct concern.
(2) the accused may lodge an appeal only through an attorney. Administration
the accused, which has not been made by the defence counsel, it is not considered
for leave to appeal, even if it was marked as follows; about the accused must be advised (§
paragraph 125. 3). the Supreme Court about this Administration does not act, but shall transmit it
Depending on its content, either to the competent court such as the proposal for the
reopening of the proceedings or the Minister of Justice as an inducement to
complaint for violation of the law, or return it to the accused with
lesson that the appeal may be made only through an attorney. Similarly,
progresses in the administration of people, which could lodge an appeal on his behalf.
If the accused is deprived of legal capacity or if its
competence to perform legal acts is limited, even against the will of the accused for
his appeal on his behalf to submit also his legal representative, and his
Defense Attorney.
§ 265e
Time and place of
(1) the appeal shall be lodged with the Court, which ruled in the case in the first instance,
within two months of notification of the decision against which the appeal is directed.
(2) if the decision delivers to the defendant and his defenders
and the legal representative, the period runs from the service that was performed
at the latest.
(3) the time limit for filing an appeal is preserved even if the appeal is
is lodged within the time limit in the Supreme Court or to the Court that ruled on the case
in the second instance, or if the Administration, whose content is determined by the appeal
within a time limit to the post office and addressed to the Court in which it is to be given or that
has to decide in the matter.
(4) the return of the deadline for filing an appeal is not permitted.
§ 265f
The content of the appeal
(1) an appeal shall be in addition to the General requirements (section 59 (3))
the filing stated, against whom the decision is directed, that statement, in which they
the extent and reasons for attacks and what dovolatel claims, including
a specific proposal for a decision of the Court of dovolacího with reference to the legal
the provisions of § 265b para. 1 (b). and) to l) or section 265b para. 2, which
the appeal is based. The Prosecutor is obliged to appeal
indicate whether it is served to the benefit or to the detriment of the accused.
(2) the extent to which the decision is being challenged, and the reasons for further appeal appeal
You can only modify the duration of the period for filing an appeal.
§ 265 g
Withdrawal of appeal
(1) a person who has lodged the appeal is an explicit statement can take
back up until the Supreme Court removes the final consultation.
In proceedings on appeal, however, continues, when the Attorney General
appeal lodged just back in favour of the accused, if the accused takes on
dovolacího continuation of the proceedings; in that case, the Supreme Court
Decides the extent as if such an appeal filed by the Prosecutor
representative handed the accused himself. Withdrawal of the appeal filed by the Supreme
the public prosecutor only in favour of the accused, who died, is
ineffective.
(2) the withdrawal of the appeal, unless the obstacles, the resolution noted the
the President of the Senate of the Supreme Court, and if the matter was not before this Court
submitted to the President of the Chamber, the Court of first instance. He took the highest
prosecutors filed the appeal just back in favour of the accused and the
the accused insists on continuation of the proceedings on the appeal, stating that the President of the
the Senate of the Supreme Court in the resolution, which shall decide on the withdrawal of the
appellate review.
§ 265h
Proceedings before the Court of first instance
(1) if the appeal does not comply with the Attorney General or appellate review
the accused lodged his appeal under section content requirements
265f para. 1, the President of the Senate, will prompt them to remove the defects within a time limit
two weeks to them while laying down and alerts is that otherwise it will be
Appeal rejected in accordance with § 265i para. 1 (b). (d)).
(2) the President of the Senate of the Court of first instance shall deliver a copy of the appeal
of the accused to the Prosecutor and a copy of the appeal of the Prosecutor's advocates
the accused and the accused with a warning that they may appeal in writing to the
comment and agree to discuss an appeal in private session [§
265r para. 1 (b). (c))]. As soon as the time limit for filing an appeal expires all
authorized persons shall submit the files to the Supreme Court.
(3) if the President of the Senate on the basis of the appeal and the content of the files to
the conclusion that it should be postponed or interrupted by the enforcement of the decision, shall submit to the
without undue delay the relevant writings a proposal for such a procedure
The Supreme Court, that such a proposal be decided by a resolution not later than
within fourteen days after receipt of the documents, and unless in the meantime already completed
proceedings before the Court of first instance, returns his writings to complete the procedure.
The decision of the Court of dovolacího
§ 265i
(1) the Supreme Court rejects the appeal,
and if it is not permitted),
(b)) if submitted for any reason other than is set out in section 265b,
c) if submitted belatedly, an unauthorized person, by the person who it again
brought before explicitly took back
(d)) does not satisfy the requisites of the contents of the appeal,
e) in the case of appeal manifestly unfounded,
(f)) if it is entirely clear that the consideration of the appeal could not fundamentally
affect the status of the accused and the question that has to be the appeal of the initiative
dealt with, is not a law of fundamental importance.
(2) in the preamble to the resolution on the refusal of leave to appeal by the Supreme Court only
briefly indicate the reason for refusal by reference to circumstances relating to the
legal reason for the rejection.
(3) if the Supreme Court declines to review cases referred to in paragraph 1, shall examine the
the legality and justification of those sayings of the decisions against which there was
the appeal is lodged, to the extent and for the reasons set out in the appeal, as well as
control the contested parts of the previous decision. To vádám statements
a further appeal was not contested, the Supreme Court shall take into account only if it could
have an effect on the accuracy of the statements, against which the appeal was lodged.
(4) if the person entitled shall reasonably appeal against conviction,
examine the Supreme Court in the wake of the alleged defects and opinion on the
the sentence, as well as other statements, which are in the conviction of its basis,
regardless of whether it was even lodged an appeal against these decisions.
(5) If a further appeal challenged part of the decision relating to only some of the
from people that have been decided in the same decision, examine the
The Supreme Court in the manner just that part of the decision and
the previous management, which refers to this person.
§ 265j
Court of Appeal rejects the Dovolací if the Court finds that it is not reasonable.
§ 265k
(1) whenever it appears to the Supreme Court that the appeal submitted is justified, it shall revoke
all or part of the contested decision, where the faulty management of him
the previous one.
(2) if it is only part of the contested decision is defective and can be separated
from the other, it cancels the decision by the Supreme Court only in this section; If
However, even if only in part, the operative part of the blame, always at the same time the entire statement cancels the
the sentence, as well as other statements, which are in the conviction of its surface.
At the same time also cancels the other decisions to the repealed decision or its
the cancelled part of the content of a follow-up, if due to the change that occurred in the
cancellation, lost ground. The provisions of § 261 is used appropriately.
§ 265l
(1) If, after the annulment of the contested decision or one of its operative part
to be taken in case a new decision, the Supreme Court usually orders
the Court, whose decision it is to the extent needed again
discussed and decided.
(2) if the defect only in the fact that in the contested decision a statement
is missing or incomplete, the Supreme Court, without the decision cancels,
order of the Court, whose decision it is to rejoin the operative part decided to
or incomplete statement said.
(3) if the Supreme Court ordering the case referred to in paragraph 1 or 2 of the new
discussion and decision, it may also order that the Court has discussed and
decided in a different composition of the Senate. Important reasons can also thing
order for hearing and the decision of another court or other State
the representatives.
(4) if the accused the sentence of imprisonment imposed on him
the original judgment and the Supreme Court to appeal a statement regarding this sentence
cancels the binding at the same time will decide. The provisions on binding meetings (§ 73d
up to 73 g), in this case, of course.
§ 265 m
(1) the Supreme Court may annul the contested decision also immediately
decide in matters of judgment. The Supreme Court cannot however, himself
and recognise the accused guilty), for which he was acquitted of the indictment or
for which prosecution was stopped,
(b) recognise the accused guilty) heavier than a criminal act could be
convicted by the judgment,
(c) the accused person) to impose a term of imprisonment of twenty to thirty years
or imprisonment for life, if he was not already saved
under the decision, possibly in combination with the judgment of the Court of
of first instance.
(2) if the Supreme Court sets aside the judgment merely in the operative part for damages
or non-material damage in the money or the release of unjust enrichment,
governed § 265.
§ 265n
The decision on the appeal is not except in retrial appeal
means permitted.
Proceedings in the Court of dovolacího
§ 265o
(1) before the decision on the appeal of the President of the Senate of the Supreme Court may
to postpone or interrupt the execution of a decision, against which it was lodged
appellate review.
(2) if the decision on the appeal necessary to clarify a fact
carry out the necessary investigation, President of the Chamber of the Supreme Court, or at the
the request of any other body active in criminal proceedings, that is
must without undue delay. For such investigation shall apply
the provisions of title 5. In particularly urgent cases can be used to ensure
proof used devices referred to in the fourth head.
Ensure the person issuing a command to the arrest of the accused and of taking into custody
However, you can only propose, if the Prosecutor in the appeal
submitted to the detriment of the accused and if it considers the Supreme Court for the
necessary because of the seriousness of the offence and the urgency of the Trustees
reasons.
§ 265p
(1) to the detriment of the accused, the Supreme Court may alter the contested
the decision only on the basis of the appeal of the Attorney General, which
were made to the detriment of the accused.
(2) leave to appeal to the detriment of the accused is excluded if the
and the accused died)
(b)) on the Act by decision of the President of the Republic, which he ordered,
in order to continue the prosecution.
(3) If an appeal has been lodged in favour of the accused, only hamper
his death proceedings on the basis of the appeal; the prosecution here
Therefore, it cannot be stopped, that the accused has died.
§ 265r
(1) the appeal shall be decided by the Supreme Court in a public meeting. In
private session can make
and the decision to refuse leave to appeal) (section 265i)
(b)) the decision on the annulment of the contested decision (section 265k) and referral
for reconsideration and decision (section 265l, paragraphs 1 and 2), it is clear that the
You cannot delete a defect in a public meeting, or
c) other decisions with the consent of the discussion in a private session
the Prosecutor and the accused.
(2) the participation of a prosecutor working for the Supreme State
the Prosecutor's Office in the public meetings is mandatory.
(3) at a public meeting held on the appeal of the accused must have defence counsel
in the cases referred to in § 36a para. 2 (a). a) to (c)), if it
under section 36b.
(4) in the absence of the accused who is in custody or in prison
imprisonment, public meeting can be held only if the accused
expressly declares that participation at a public meeting.
(5) if notice of a public meeting to be delivered to the person who
a decision on the appeal may be directly affected, just about the venue of the public
meeting of its 7(3)(d) advocate or agent. If this does not
a person or an agent, Attorney, it should be for this purpose
to establish. The provisions of section 39 shall be used mutatis mutandis here.
(6) following the initiation of the public session of the Senate or by the Chairman
specified by the Member of the Senate of the contested decision and shall report on the State of affairs.
Then dovolatel their appeal and raised by justifying them. The Prosecutor and
persons who may be directly affected by a decision of the Court of dovolacího,
If they are not dovolateli, make observations; If any of the
These people present, and if the observations contained in the file, or
If requested by it, the Chairman shall refer the contents of their submission of the President of the Chamber or its
specified by the Member of the Senate.
(7) the evidence in open court before the Supreme Court as a rule
do not perform. Only exceptionally may the Supreme Court proceedings to supplement the evidence
necessary to enable it to decide on the appeal.
§ 265s
After the referral management
(1) the authority in criminal proceedings, to whom the case was ordered to a new
discussion and decision, is bound by the legal opinion expressed in
the decision by the Supreme Court, and is obliged to perform tasks of a tween,
the Supreme Court ordered.
(2) if the contested decision is annulled only as a result of the appeal
administered for the benefit of the accused, in the new proceedings cannot be changed
in his decision.
THE HEAD OF THE EIGHTEENTH
Complaint for violations of the law and the management of it
§ 266
(1) the final decision of the Court or the public prosecutor, which
the law had been violated or that was made on the basis of a defective procedure
proceedings, the Minister of Justice to submit a complaint to the Supreme Court
for violation of the law. Unless the law provides otherwise, it is not against the decision
The Supreme Court a complaint for violation of law shall be permitted.
(2) against the punishment can be a complaint for violation of the law to submit only
If the punishment is clearly disproportionate to the nature and severity of the
of the offence or the offender, or if the stored species
the sentence is clearly contrary to the purpose of the sentence.
(3) where a decision referred to in paragraph 1, the more people, the complaint
for violations of the law also be made only against the part of the decision, that
refers to some of these people.
(4) a complaint for violation of the law to the detriment of the accused against
the final decision of the Court may be made only on the grounds that the Court
He proceeded in accordance with article 259 paragraph. 4, § 264 paragraph. 2, § 273 or § 289
(a). (b)).
(5) the provisions of paragraph 4 applies mutatis mutandis to the decision of the Court or
the Prosecutor made in accordance with § 150 of paragraph 1. 1 or 3.
(6) the Minister of Justice may withdraw the complaint for violation of the law,
submitted, up to the time before the court adjudicating on the complaint for
violations of the law removes the final consultation. The withdrawal of the complaint takes
the resolution noted the President of the Chamber of the Court.
(7) if the Minister of Justice on the basis of the contents of the file to the conclusion
that it should be postponed or interrupted, will propose
The Supreme Court such a procedure, together with the filing of a complaint for violation of
the law in favour of the accused.
§ 266a
(1) a complaint for violation of the law, which was not justified, the
the Minister of Justice is obliged to justify within 14 days of its submission.
(2) a complaint for violation of the law, and the appeal lodged in the same case, discuss
The Supreme Court in a joint control. This does not preclude the procedure under section 23.
§ 267
(1) in the complaint for violation of the Act shall be in addition to the General
requirements (section 59 (4)) Administration noted, against which the decision
that statement is directed, to what extent and for what reasons it occurs and what
the Minister of Justice is seeking, including a specific proposal to
the Supreme Court decision. The Minister of Justice is obliged to in the
complaint for violations of the law indicate that it serves for the benefit of or in
the disadvantage of the accused.
(2) to have been filed and within the time limit referred to in § 266a of paragraph 1. 1 whether or not substantiated
complaint for violation of the law is no longer in the course of the proceedings before the Supreme
the Court change.
(3) the Supreme Court shall examine the legality and justification of those sayings
the decision against which the complaint was filed, for violations of the law in
the extent and for the reasons specified therein, as well as control the contested part of the
the previous decision. The statements, which were not defects complaints for
violations of the law, the Supreme Court shall take into account only if it could
have an effect on the accuracy of the statements, against whom the complaint is made for
violations of the law.
(4) if the Minister of Justice shall reasonably be a complaint for violation of
the law against conviction, the Supreme Court shall review the following
alleged defects in the opinion on the punishment and, as well as other statements that have
in the operative part of its base, regardless of whether it was even against the
the statements of a complaint for violation of the law.
(5) if the complaints for violation of the law challenged part of the decision
for some of the more people that have been decided in the same
by decision of the Supreme Court shall set out in a way only the part of the
the decision and the previous management, which refers to this person.
§ 268
(1) the Supreme Court shall reject a complaint for violation of the law,
and if it is not permitted),
(b)) was made out of time, or
(c)) is not a reason.
(2) if the Supreme Court finds that the law was violated, said the judgment,
that, by the contested decision, or parts thereof (§ 266 (3)) or in
procedure, which was preceded by such a decision, the law had been violated.
section 269
(1) Statement pursuant to section 268 paragraph. 2 is without prejudice to the decision on which
it comes.
(2) If, however, the breach of the law to the detriment of the accused, cancels the highest
the Court at the same time with the statement referred to in section 268 paragraph. 2 of the contested decision
or in part, where the faulty management of the preceding him. If
just one operative part of the contested unlawful decision and if this can be separated
from the other, only the Supreme Court cancels this statement. However, if even
in part, the statement of guilt, always at the same time the entire statement cancels the penalty, as well as
and other statements, which are in the conviction of its surface. Also cancels the
For more on the decision repealed decision substantively connecting, if
due to the change that occurred in the clearing, lost ground. The provisions of §
261 is used appropriately.
section 270
(1) If, after the annulment of the contested decision or one of its operative part
to be taken in case a new decision, the Supreme Court usually orders
the authority, whose decision it is to the extent needed again
discussed and decided.
(2) if the violation of law only in the fact that in the contested decision
a statement is missing or incomplete, the Supreme Court may, without
decision cancels the order, authority, on whose decision it is to
the lack of the operative part of a decision or an incomplete statement said.
(3) if the Supreme Court ordering the case referred to in paragraph 1 or 2 of the new
discussion and decision, it may also order that the Court has discussed and
decided in a different composition of the Senate. Important reasons can also thing
order for hearing and the decision of another court or other State
the representatives.
(4) the authority to whom the case was ordered to be bound by the legal opinion, which
expressed in case the Supreme Court, and is obliged to carry out procedural acts,
the Supreme Court ordered.
§ 271
(1) the Supreme Court may annul the contested decision also immediately
of the matter, if possible, be made on the basis of the
the facts, which was correctly identified in the contested decision.
The Supreme Court cannot however, himself
and recognise the accused guilty), for which he was by the judgment
the indictment or for which it has been exonerated by the prosecution stopped,
(b) recognise the accused guilty) heavier than a criminal act could be
convicted by the judgment,
(c) the accused person) to impose a term of imprisonment of twenty to thirty years
or imprisonment for life.
(2) if the Supreme Court sets aside the judgment merely in the operative part for damages
or non-material damage in the money or the release of unjust enrichment,
governed § 265.
§ 272
cancelled
§ 273
If the Supreme Court held that the law was violated to the detriment of
the accused, in the new proceedings cannot be a change in his decision
detriment. In the case of other decisions, the provisions of section 150 applies mutatis mutandis.
§ 274
On a complaint for violation of the law shall be decided by the Supreme Court in the public
meeting with the participation of a prosecutor working for the Supreme State
the Prosecutor's Office. If the Minister of Justice or the President of the
the Senate, taking part in a public meeting, whether or not authorized representative
the Minister of Justice. Decision pursuant to section 268 paragraph. 1, the Highest
the Court also do in a private session.
§ 275
(1) If a law violated to the detriment of the accused, obstructing his death
the procedure on the basis of a complaint for a breach of the law; Criminal
the prosecution cannot stop here because the accused has died. If the law
violated to the detriment of the accused, the only time since the legal power of the contested
decision to the decision on the complaint for violation of the Act is to
the limitation period.
(2) if notification of a public meeting, to be delivered to the person who
decision on complaint for violation of the law can be directly affected,
you just need to inform the public concerning the holding of meetings of its advocate, where appropriate,
the monitoring trustee. If this person does not have a lawyer or agent, is the need to
for this purpose establish it. The provisions of section 39 shall be used mutatis mutandis here.
(3) if the accused the sentence of imprisonment imposed on him
the original judgment and the Supreme Court to the complaint for violation of law
opinion about this sentence be lifted at the same time decides about the detention. The provisions on the
by meetings (§ 73d up to 73 g), in proceedings on a complaint for a violation of
the law, of course.
(4) before making a decision on a complaint for violation of the law, the Supreme Court may
to postpone or interrupt the execution of the decision, which was made
complaint for violation of the law. He suggested a postponement or interruption of performance
the decision of the Minister of Justice, the Supreme Court shall decide on such a
the draft resolution not later than 14 days after receipt of the case.
§ 276
If the decision on the complaint for violation of the law should be clarified
a circumstance, makes the necessary investigation, the President of the Senate of the Supreme
Court or at its request, any other body active in criminal proceedings,
where appropriate, the police authority. For such an investigation, the provisions of title
the fifth. In particularly urgent cases can be to ensure that the burden of
the material used on the basis of a resolution of the Senate and the resources referred to in
the head of the fourth.
THE HEAD OF THE NINETEENTH
Recovery management
§ 277
General provisions
If the prosecution led to a person by a final
the judgment of conviction has become final, the final resolution on
stopping criminal prosecution, a final resolution on conditional
stopping criminal prosecution, a final resolution on the approval of the
a final resolution of the judicial settlement or referral to any other authority,
can be used in the prosecution of the same person for the same Act to continue, if
such a decision was not cancelled in the prescribed proceedings, the only other
If enabled the restoration of criminal proceedings. Before enabling recovery can be used to
securing of evidence, and to ensure that persons accused do
investigative measures only within the limits of the provisions of this title.
Conditions for renewal
§ 278
(1) renewal of proceedings by final judgment, or criminal
the statement shall be allowed, they come out when facts or evidence to the Court
previously unknown, which could in themselves or in conjunction with
facts and evidence known previously to justify a different decision about blame
or about the person's claim of the injured party to damages or non-material
harm or unjust enrichment, or due to the
which originally the penalty imposed was clearly disproportionate to the nature and
the seriousness of the offence or the offender, or saved type of
the penalty would be clearly contrary to the purpose of the sentence. Recovery management, which
ended by final judgment, by which it was decided on the conditional
waiving of punishment with supervision, shall be allowed, and even before it occurred
the facts referred to in § 48 para. 6 and 7 of the criminal code, also if
come out to demonstrate facts or evidence previously unknown to the Court, which would
could by themselves or in conjunction with the facts and evidence already known
previously justified the decision on the penalty.
(2) reinstatement, which ended by a final court resolution of the
stopping criminal prosecution, including the approval of the settlement, the referral
things to another body or on conditional cessation of criminal prosecution, and it
even if if still no fact referred to in § 308 paragraph.
3, shall be allowed, they come out when facts or evidence before the Court
unknown, which could in themselves or in conjunction with the facts and
the evidence had already been known to lead to the conclusion that the reason for such a decision
There were, and that is in place to continue proceedings.
(3) renewal of proceedings, which ended by a final resolution of the State
shortcut to stop a criminal prosecution, including the approval of the settlement, about
referral to another authority or on conditional cessation of criminal
prosecution, even if still no facts presented
in § 308 paragraph. 3, shall be allowed, they come out when facts or evidence
State Prosecutor previously unknown, which could in themselves or in
conjunction with the facts and the evidence had already been known to lead to the conclusion that
the reasons for such a decision and that there were not in place to
an indictment of the accused person.
(4) renewal of proceedings, which ended any of the operations referred to in
the preceding paragraphs, shall be allowed even if, if it becomes final, the
the judgment found that the police, the public prosecutor or the judge in
the main proceedings violated his obligations acts constituting the offence
the feat.
§ 279
Restoration to the detriment of the accused is excluded if the
and) crime to lapse, the
(b)) the deadline of one half of the limitation period for a criminal offence,
that led to the criminal prosecution,
(c)) on the performance by the decision of the President of the Republic, which he ordered,
in order to continue the prosecution of, or
(d)), the accused had died.
§ 280
The person entitled to the application for a permit renewal
(1) the recovery can be enabled only on the proposal of a competent person.
(2) to the detriment of the accused may submit a proposal to allow recovery only
State representative.
(3) for the benefit of the accused may submit a proposal to allow recovery in addition to the
the accused also persons, which could bring an appeal on his behalf.
If you could do the same against the will of the accused, they can against his
will submit a proposal to permit recovery. Such a proposal may be made even after the
the death of the accused.
(4) a person who the proposal to permit the renewal procedure, it can be
an explicit statement to take back, and up until such time as the Court of first
Removes the final grade. Proposal to allow recovery management
made in favour of the accused or other authorised person
the accused, defence counsel or the legal representative can be taken back only with
the express consent of the accused; This does not apply if such a proposal filed
the Prosecutor, or if such a proposal was filed by an authorized person when
the death of the accused. That the proposal to allow the recovery procedure takes
the resolution noted the President of the Chamber Court of first instance. Such
the decision does not preclude the submission of the proposal again at a later date to allow
the recovery procedure.
(5) the procedure leading to a court or other governmental authority of circumstances that could
to justify the proposal to allow the recovery, is obliged to report it to the
the representatives. If it is a circumstance that could justify the proposal on
enable recovery for the benefit of the accused, the public prosecutor is obliged to
It warned the accused without delay, or if this is not possible, another person
entitled to file an application, if such a proposal does not give himself.
§ 281
Jurisdiction of the Court to decide on the renewal of the
(1) on a proposal to enable the retrial, which ended by a final
by order of the public prosecutor to halt criminal prosecution, including
approval of the settlement, the referral of a case to another authority or on conditional
stopping criminal prosecution, shall be decided by the Court which would be competent
decide on the indictment.
(2) on an application for reopening proceedings final
a judgment or conviction, and the management, which ended by a final
by order of the Court of cessation of criminal prosecution, including the approval of the
the settlement, for a transfer to another body or about conditional stop
criminal prosecution shall be decided by the Court in the case decided in the first
the degree.
(3) Although in the first instance ruled the District Court decides
on the proposal to allow regional court, suggests a recovery if the Prosecutor
on the grounds that, due to the facts or evidence that the newly
come to light, the offence of belonging to the jurisdiction of a regional
the Court.
The proceedings on the application for permit renewal
§ 282
(1) If a decision on the application for the renewal of his permit to examine the
merits test should be clarified in advance any circumstance makes the necessary
the investigation, President of the Chamber or on the request of any other authority
criminal proceedings, or even the police. For such investigation shall apply
the provisions of title 5.
(2) in cases of special urgency can be used to provide evidence
on the basis of a resolution of the Senate used the resources referred to in title
the fourth. Ensure the person issuing a command to the arrest of the accused and the withdrawal of the
However, the bindings can be before allowing the renewal only if the State suggests
the representative presenting the application for revision to the detriment of the accused and if the
the Court considers it necessary owing to the nature of the facts and the evidence, that the newly
come to light, the seriousness of the offence and the urgency of the grounds for detention.
(3) If an application for reopening of proceedings in favour of the
the accused, the Court may, given the nature of the facts and the evidence, that the newly
come to light, to postpone or interrupt a sentence lawfully imposed in
the main proceedings.
§ 283
The Court rejects the proposal to allow the recovery,
and) if filed by an unauthorized person,
(b)) where the defendant is only against the decision or verdict, the parties to which the renewal is not
permissible,
(c) if the renewal) is excluded under section 279, or
(d)) if the reasons finds renewal in accordance with § 278.
§ 284
(1) if the Court accepts the proposal for renewal of the authorization, shall cancel the contested decision
in whole or in part, in that the proposal is reasonable. If, even if only in part
statement of guilt, always at the same time the entire statement cancels the penalty, as well as other
statements, which are in the conviction of its surface. Cancels the other
the decision repealed decision substantively connecting, if given the
change to which the cancellation occurred, lost ground.
(2) if the Court shall permit the retrial, which ended by a final
by order of the Court for the termination of criminal prosecution, including the approval of the
the settlement, for a transfer to another body or about conditional stop
criminal prosecution, or if it allows the issue of guilt, a retrial,
that ended in a final judgment, may at the same time cancelling
the decision to return the thing to the Prosecutor for investigation, if it considers it in
needed to clarify the matter. The regional court in accordance with § 281 para. 3
has allowed a retrial, in which in the first instance, the District Court decided
Returns the thing always to the Prosecutor. The provisions of section 191 applies here.
(3) if the Court allows the recovery of only in the operative part of the person's claim
the injured party for damages or non-material damage, in cash or in
the issue of unjust enrichment, the Enquirer damaged when you cancel this
statement on civil procedure, where appropriate, the proceedings before the
any other competent authority.
§ 285
If the Court allows recovery for the benefit of the accused for reasons that
also a spoluobviněnému or benefit to the person concerned, authorise
at the same time recovery also in their favour.
§ 286
(1) on the proposal for renewal of the authorization by the Court in open court.
(2) to reject the proposal for the reasons given in § 283 (a). a) to (c)) may even
a private session. The reason given in § 283 (a). (d)) can design
rejected in closed session only in that case that the proposal by
the same facts and evidence have been previously been rejected and the draft
the newly brought on is his repetition.
(3) the decision on the application for reopening is admissible a complaint,
which shall have suspensive effect.
After you enable the recovery management
§ 287
If the bear is a term of imprisonment imposed on him by the original
judgment, the Court will decide after the final resolution, which, together with the
by enabling recovery set aside the judgement about this sentence, binding.
§ 288
(1) if the legally allowed recovery proceedings
by a final judgement of a court, which was approved by the agreement on the guilt and
the sentence has become final, or by order of the public prosecutor to halt
criminal prosecution, including the approval of the settlement, the referral of a case to another
authority or on conditional cessation of criminal prosecution,
preliminary proceedings.
(2) in other cases, the Court continues after a final permit renewal
in the proceedings on the basis of the original indictment, if it was not alleged that the
the matter returns to the Prosecutor for investigation (article 284, paragraph 2).
(3) if the recovery was enabled only in respect of any of the offences
offences for which he was finally saved the aggregate or summary punishment and the Court
refer the case back to the Prosecutor for investigation, shall, after legal power
the resolution authorising the recovery of reasonable judgment at a public hearing
the penalty for the remaining crimes.
§ 289
If it was enabled only in favour of the accused,
and) time since the legal force of the original of the judgment into legal force resolution
that allows the renewal of the period of limitation,
(b)) must not be a new sentence more severe than what was
saved the original judgment,
(c)) doesn't get in his death execution of further proceedings and criminal prosecution cannot be
stop because the accused has died.
THE HEAD OF THE TWENTY-
Special ways of managing
§ 290
General provisions
If the title does not contain special provisions, and shall be used to
proceedings under this title of General provisions.
THE FIRST SECTION
In cases concerning minors
§ 291
Legislation management
Proceedings in criminal matters of minors regulates the special law. If
the special law does not provide otherwise, the procedure under this Act.
§ 292
cancelled
§ 293
cancelled
the title launched
§ 294
cancelled
§ 295
cancelled
§ 296
cancelled
section 297
cancelled
§ 298
cancelled
§ 299
cancelled
section 300
cancelled
§ 301
cancelled
SECTION TWO
Proceedings against a fugitive
section 302
Proceedings under the provisions of this section may be held against a person who
avoiding criminal proceedings by residing abroad or by hiding.
§ 303
(1) in proceedings against a fugitive criminal prosecution launches delivery
resolution on the initiation of criminal prosecution of the accused lawyer. If he was not
defense lawyer elected (§ 37 para. 1), it is necessary to establish.
(2) if the reason Arises for proceedings against a fugitive through delivery
resolution on the initiation of prosecution, the defendant in the indictment
the Prosecutor shall record, stating from what date is
against the accused person held proceedings against a fugitive; the record shall be forwarded
defense lawyers.
§ 304
The accused must have a defence counsel in the proceedings. He has the same rights as the
the accused.
§ 305
Of the proceedings against a fugitive after the filing of the indictment by the Court on
the proposal of the public prosecutor or even without such a proposal. The application may state
the representative made in the indictment.
§ 306
(1) all documents intended for the accused shall be served only
defense lawyers.
(2) the summons to a trial and to public meetings are also suitable
way to publish. The main version, or public meeting is then
through the absence of the accused, regardless of whether the
the accused had learned about him.
section 306a
(1) if the reasons for the proceedings against a fugitive, criminal
proceedings pursuant to the General provisions. The accused's request, they shall be
in the proceedings before the Court the evidence again in the previous judicial proceedings
made, where their nature permits, or whose recurrence
does not preclude other significant fact; otherwise, the accused
the reports on the implementation of such evidence read or play
video and audio recordings of the action carried out by the
through videoconferencing equipment and will allow him to
They expressed.
(2) if proceedings against a fugitive by a final convicting
the judgment and then the reasons for which the proceedings against a fugitive
led, at the request of the convicted person, submitted within eight days from the delivery of the judgment
such a judgment of the Court of first instance shall cancel and to the extent provided in
paragraph 1, the trial will perform again. About the right to propose the cancellation of the
the final conviction of the judgment must be at the service of the judgment
the person's informed. The Court shall proceed mutatis mutandis, if required by the international
the contract, to which the Czech Republic is bound.
(3) the period from the final conviction in its cancellation by
paragraph 2, to the limitation period.
(4) in the new proceedings cannot be altered to the disadvantage of decision
of the accused.
THE THIRD SECTION
Conditional cessation of criminal prosecution
§ 307
the title launched
(1) in proceedings for an offence, the Court may, with the consent of the accused and in the preparatory
proceedings the Prosecutor conditionally cease prosecution, if
and the accused to the crime),
(b)) for the damage, unless the offence was caused by, or with a damaged on its
compensation deal, or made any other measures necessary to its
compensation,
(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its
the release of a deal or make other appropriate measures for its release,
and because of the person of the accused, taking into account the previous life
and the circumstances of the case, such a decision can reasonably be regarded as
pleasant.
(2) if it is justified by the nature and gravity of the committed offence,
the circumstances of a criminal offence or the accused, the Court and the ratios in the preparatory
proceedings, the Prosecutor shall decide on conditional cessation of criminal
the prosecution of the accused only if they meet the conditions referred to in paragraph 1
and
and) it undertakes to establish that during the trial period refrain from certain activities, in
the context with which they committed the offence, or
(b)) on behalf of the Court and shall lodge in the preparatory proceedings on behalf of the State
the Prosecutor's Office a sum of the specified State to financial assistance to victims of
crime under special legislation, and this amount is not
obviously disproportionate to the seriousness of the offence,
and because of the person of the accused, taking into account the previous life
and the circumstances of the case, such a decision can reasonably be regarded as
pleasant.
(3) in a decision on conditional cessation of criminal prosecution shall be
a trial period of six months to two years, in the case of a decision under
paragraph 2 to up to five years. The trial period begins the legal power of this
the decision on conditional cessation of criminal prosecution.
(4) the accused person, who has entered into an agreement about how the corruption issue refunds
damages or an agreement on the issue of unjust enrichment, the decision about the
conditional cessation of criminal prosecution to damage during
the trial period it has to in this era of unjust enrichment.
(5) decision on conditional cessation of criminal prosecution pursuant to paragraph
2 must include the amount of the cash amount of the specified State to financial
assistance to victims of crime or determine the activity in which the accused
during the trial period undertakes to refrain from. If the accused undertakes to refrain from
during the trial period of a conditional cessation of criminal prosecution procedure
motor vehicles must be advised of the requirement to commit a driving
pass under a special legal regulation, and that the legal power
the decision on conditional cessation of criminal prosecution shall cease to be the driving
permissions.
(6) the accused person may also save, in order to comply with a reasonable trial period
restrictions and obligations to make him lead an orderly life.
(7) Against the decision on conditional cessation of criminal prosecution can
the accused and the injured party to lodge a complaint, which has a suspensory effect.
If the decision on conditional cessation of criminal prosecution, the Court has this
the right also to the Prosecutor.
§ 308
(1) if the accused during the trial period, he led an orderly life, fulfilled
obligation to pay damages, unjust enrichment or
another obligation, to meet, and meet the other
imposed restriction, the Court and, in preliminary proceedings, the Prosecutor,
that has worked well. Otherwise decides, and, where appropriate, during the trial period, that
failed and that criminal prosecution continues. Exceptionally, the Court may
and in preliminary proceedings, the Prosecutor in the circumstances of the case and the
the person of the accused leave conditional cessation of criminal prosecution in the
validity and extend the trial period of up to one year; However, the trial period
shall not exceed five years. The obligation to reimburse the damage caused,
unjust enrichment and other obligation to fulfill the accused
committed, as well as other restrictions imposed during the last prolonged
the trial period.
(2) If, within one year from the expiry of the probationary period has not been made
the decision referred to in paragraph 1, without the guilt of the accused had on it, it is considered
that has worked well.
(3) the legal power to decide that the accused has been proven, or
expiry of the period referred to in paragraph 2 are experiencing the effects of stopping
prosecution [section 11, paragraph 1 (b), (f))].
(4) against the decision referred to in paragraph 1, the accused and the injured party may submit
the complaint, which shall have suspensive effect. Shall take such a decision, the Court has
This right is also a State representative.
SECTION FOUR
Settlement
the title launched
§ 309
(1) in proceedings for an offence may, with the consent of the accused and the injured party, the Court
and in preliminary proceedings, the Prosecutor may decide to approve an out-of-court settlement
and stop criminal prosecution if the accused
and) have declared that they committed an offence for which he is prosecuted, and there are reasonable grounds for
doubts about the fact that his statement was made freely, seriously and
Certainly,
(b) the damage caused by the injured party) pay tort or shall take the necessary
operations for its payment, or otherwise to expiate injury criminal
offence,
(c)) shall issue an unjust enrichment, tort or obtained shall take other appropriate
measures for its release, and
(d)) on behalf of the Court or to lodge in the preparatory proceedings on behalf of the State
the Prosecutor's Office a sum of the specified State to financial assistance to victims of
crime under special legislation, and this amount is not
obviously disproportionate to the seriousness of the offence,
and if such a way of settling things with pleasant due to the
the nature and severity of the crime committed, the extent to which tort was without prejudice to the
the public interest, to the person of the accused and his personal and commensurately.
(2) against the decision referred to in paragraph 1, the defendant, victim and in
the proceedings before the Court and the Prosecutor to lodge a complaint, which has suspensive
effect.
§ 310
(1) prior to the decision on approval of the settlement by the Court and, in preliminary proceedings
the Prosecutor shall hear the accused and the injured party, in particular, to the nature and
the circumstances of the conclusion of the settlement, whether a settlement agreement between
them were made voluntarily and whether they agree with the approval of the settlement.
The accused shall be heard, that means the content of the allegations and whether you
is aware of the consequences of the approval of the settlement. Part of the questioning of the accused
There must be a declaration that he has committed an offence for which he is prosecuted.
(2) before the hearing of the accused and the injured party should be advised of their
rights and about the nature of the settlement to the Institute.
(3) If a legal person can be damaged instead of questioning of the statutory
representative or other person authorized to act on its behalf to procure its
a written statement of the circumstances referred to in paragraph 1.
§ 310a
Rights of the injured party pursuant to section 309 and 311, who not only
He walked over a claim for compensation or to unjust enrichment.
§ 311
The decision to approve an out-of-court settlement and cease prosecution must
include a description of the offence to which the settlement relates the legal assessment,
the contents of the settlement involving the amount of damages or damages paid to the
payment of the required acts have been carried out, the scope of unjust enrichment,
that was issued or whose release was made for operations
or how else to atone for damage arising from tort, a sum of money
the specified State to financial assistance to victims of crime, and the opinion on the
stopping criminal prosecution for an act that is considered to be an offence,
the settlement refers to.
§ 312
cancelled
section 313
Decision approving the settlement, the records it as the fact a significant
for the criminal proceedings by a special Act.
Section 314
the title launched
The settlement by the Court or the public prosecutor in preliminary proceedings
approved after the accused has made a declaration in accordance with § 309 para. 1, that
committed an offence for which he is prosecuted, not this statement in the next
take control as to the evidence.
THE FIFTH SECTION
Proceedings before a single judge
section 314a
(1) a judge of the court seised on criminal offences for which the law provides for the
a prison sentence whose upper limit does not exceed five years.
(2) the provisions of paragraph 1 shall, however, if he is to be saved
a summary penalty or punishment and an earlier joint penalty was saved in the control
before the Senate.
section 314b
(1) Case, in which it held an abbreviated preparatory proceedings, judge
discuss in a simplified procedure. The prosecution is initiated by
the proposal of the State Prosecutor for punishment was delivered to the Court.
(2) If a court with the delivery of the proposal passed the detainee a suspect, the judge
It shall be heard within 24 hours as the accused, in particular to the circumstances of
the detention binding, and the reasons to do so, that fact, be deemed to
common ground and whether it agrees that such facts were not in the main
version proved. Depending on the nature of things either issues a decision, which may
issue outside of the main version, or the accused person shall deliver the summons to the main
version, which may, with the consent of the accused held immediately after its
questioning. At the same time decide on custody and the taking into custody of the accused,
that's still not a barrister, was appointed him, allow him to
chose a defence counsel within a prescribed period (section 38), and if they do not,
He appoints a defence counsel (section 39 (1)).
(3) if the suspect was not apprehended, single judge pursuant to the Protocol of the hearing
the suspect shall examine whether it is necessary to summon the accused to give evidence, or
It is possible to immediately order the main version.
(4) a judge has the same rights and obligations as the Senate and its President.
(5) a non-public meeting of the single judge does not take place.
§ 314c
(1) a judge is impeachment and a proposal for punishment is not pending, tentatively
However, the aspects will review referred to in § 181 paragraph. 1 and § 186. According to the
the results of the review of the single judge
and take one of the decisions) listed in § 188 paragraph. 1 (b). a) to (f)),
(b)) may stop the prosecution, if the circumstances referred to in section 172
paragraph. 2,
(c)) are not subject to the conditions referred to in § 179a para. 1 for the venue
the simplified procedure, the proposal for punishment, or refuses to
(d)) provides for the Prosecutor a reasonable deadline to submit a proposal to
approval of the agreement on the guilt and punishment, if it considers that the circumstances of the
the case would it be appropriate to negotiate, especially if such a procedure suggested
the Prosecutor or the accused; While the single judge shall proceed mutatis mutandis
According to § 187 para. 4.
(2) single judge the proposal on the approval of the agreement on the guilt and punishment, provisionally
However, it is not pending, examine the aspects referred to in § 314o and § 314p
paragraph. 1. According to the results of a review of a single judge shall take some of the
the decisions referred to in paragraph 314p paragraph. 3 or 4, or else order the public
the meeting of the decision on the application for approval of the agreement on the guilt and punishment.
(3) the provisions of §§ 189-195 are used also to proceedings before a single judge. About
a judge may decide to approve an out-of-court settlement in a public meeting.
(4) if the accused Is in custody, a judge decides, after examining the
the prosecution always also about another duration do not binding, if the main version.
(5) against the decision referred to in paragraph 1 (b). a) to (c)) and paragraph 2, the
the Prosecutor and the accused to file a complaint, that is, unless the interruption
criminal prosecution, have suspensory effect. Against a decision on conditional
stopping criminal prosecution or for the approval of the settlement may make such
complaint also accused and damaged.
(6) the decision on refusal to punish according to the
paragraph 1 (b). (c)), the case returns to the preliminary proceedings and the State
the representative shall order an investigation to take place.
§ 314d
(1) If a judge does not do any of the decisions referred to in paragraph 314c paragraph.
1, the main version.
(2) when the main version in simplified proceedings shall be heard by a single judge
of the accused; to read the Protocol on the questioning of the suspect (section 179b of paragraph 1.
3) is used to section 207 paragraph. 2 accordingly. Then may decide to forgo
evidence of those facts that the Prosecutor and the accused person have identified
for the common ground and with regard to other established facts is not serious
because of these statements. With the consent of the public prosecutor
and the accused can read official records of understanding people and the
perform additional actions (section 158, paragraph 3, and 6).
THE FIFTH SECTION
Penalty order
§ 314e
(1) a judge may, without consideration of the case in the main proceedings to issue criminal
command, if the facts are reliably shown with
evidence, even in simplified proceedings after the shortened preparatory
control.
(2) a conviction may be imposed
and) sentence of imprisonment up to one year with a conditional postponement of its
performance,
(b)) the domestic prison within one year,
(c) the punishment of community service),
(d) the penalty of disqualification) within five years,
e) a financial penalty,
(f) the confiscation, penalty)
g) expulsion, within five years,
h) the prohibition of stay within five years,
I) prohibition of entry on the sports, cultural and other social events
within five years.
(3) the punishment of community service conviction may be stored
only after the previous request messages containing the probation
the findings on the performance capabilities of this punishment and the health eligibility
the accused, including the opinion of the accused to save this type of sentence.
The punishment of community service work is stored with regard to this report.
(4) a sentence of house arrest conviction may be stored only after
the previous request for probation reports containing the findings of the
how the performance of this punishment, including the opinion of the accused to save
This kind of punishment. The sentence of house arrest is being taking into account the
This message.
(5) Replacement of imprisonment for financial penalty may not even with
imposed a punishment of imprisonment exceed one year.
(6) Criminal command cannot be issued
and) in the proceeding against a person who is deprived of legal capacity
or whose capacity to act is limited,
(b)) to be decided on the protection measures,
(c)) if the aggregate punishment should be saved or the common punishment and
the previous penalty was saved by the judgment.
(7) the criminal nature of the command has the conviction. Effects associated with
the announcement of judgment occurs upon delivery of order on the defendant.
§ 314f
(1) the criminal command contains
and the designation of the Court), who issued the order,
(b)) date and place of release order,
(c)) the designation of the accused (article 120, paragraph 2),
d) opinion on the guilt (section 120 (3)) and saved the penalty (article 122, paragraph 1),
e) statement on damages or non-material damage in the money or the release of
unjust enrichment (§ § 228 and 229, paragraph 1 and 2), if a claim was
for damages or non-material damage in money or issuing a
unjust enrichment is properly applied (§ 43 para. 3),
f) instruction on the right to resistance, including a warning that in the case where
the accused opposition, thus the right to hear the case, in the main
version.
(2) the order shall be served on the accused, the public prosecutor and the
the victim, who filed a claim for compensation for damage or non-material
injury or unjust enrichment. The accused person shall be delivered to the
your own hands. If the accused has a lawyer, criminal matters shall also command
to him.
§ 314g
(1) the accused persons who are authorised to lodge in his favor
appeal, and prosecutors may lodge against the penalty order.
Opposition shall be filed with the Court that issued the order, within eight days of
from its delivery. Persons who may lodge an appeal in favour of the
the accused, with the exception of the public prosecutor, the limit ends on the same date as the
the accused person. If the criminal court order delivers to accused persons, as well as
its advocates, the period runs from the service that was performed
at a later time. On the return of the period used shall apply mutatis mutandis the provisions of § 61. After
service of the order on the resistance may be the beneficiary expressly
give up.
(2) If a filed against a penalty order by an authorized person within the time limit
resistance, a criminal command is cancelled and a judge orders it in case the main
version; When you hear the case in the main proceedings is not bound by a single judge
legal qualifications, or species and punishment contained in criminal
the command. Otherwise, the order becomes final and enforceable.
(3) if the accused Is prosecuted for the offence referred to in § 163a, may
damaged take consent to criminal prosecution back up until it is
penalty order served on one of the persons referred to in paragraph 1.
Withdrawal of consent is a criminal command cancels the single judge and prosecution
stops.
(4) If a penalty order, prosecutors can take impeachment
back to a time before the criminal court order delivered some of the persons referred to in
paragraph 1. The criminal indictment is lifted and the case statement by
Returns to the preparatory proceedings.
THE SIXTH SECTION
Proceedings after the decision of the Constitutional Court
§ 314h
(1) after delivery of the Constitutional Court, which was dropped by decision
Authority participating in criminal proceedings or any part thereof, continues this authority
in this stage of the proceedings, which immediately preceding the release cancelled
the decision, unless the law or the Constitutional Court find otherwise. In doing so,
It is bound by the legal opinion expressed in the matter of the Constitutional Court, and is
required to perform tasks and the addition of the Constitutional Court
He ordered.
(2) the provisions of paragraph 1 shall apply mutatis mutandis, if the Constitutional Court
finding banned any authority of the law in criminal proceedings, to
continued violations of constitutionally guaranteed fundamental right or
freedom, and ordered him to, if possible, to restore the State before
their violation.
§ 314i
If the Constitutional Court cancelled the decision of the law
criminal proceedings only in favour of the accused,
and) time since the legal force of the initial decision on the merits to the delivery
Constitutional Court to the limitation period,
(b) in the new proceedings) cannot alter the decision against;
in the case of other decisions, the provisions of section 150,
(c)) doesn't get in his death execution of further proceedings and criminal prosecution cannot be
stop because the accused has died.
§ 314j
If the Constitutional Court set aside the judgment, just as for any
of the offences for which he was finally saved the aggregate or summary
punishment, the competent court shall immediately after the delivery of the award in the public
meeting of the judgment of an adequate punishment for the remaining crimes.
§ 314k
(1) if the accused the sentence of imprisonment imposed on him
the judgment of the competent court shall decide without delay after receipt of the award
The Constitutional Court, which was canceled a statement regarding this sentence about custody. When
It shall proceed in accordance with § 67 and 68.
(2) if the other decision canceled Constitutional Court
the competent authority in criminal proceedings after receipt of the award,
unless otherwise provided by law or otherwise, of the Constitutional Court finding about stopping or
interrupt its execution, or take other appropriate action.
THE SEVENTH SECTION
Procedure for the review of the order to the interception and recording of telecommunications
operation and command to determine the data on telecommunications traffic
§ 314l
(1) at the request of the person referred to in § 88 para. 8 the Supreme Court in a private
session, review the legality of the order to wiretap and record
of telecommunications.
(2) on the request of the person referred to in section 88a of paragraph 1. 2 the Supreme Court in a private
session, review the lawfulness of the order for finding data on
telecommunications traffic.
§ 314m
(1) if the Supreme Court finds that an order for eavesdropping and recording
telecommunications service or to establish data on command
the telecommunications operation was issued or its implementation was in breach of
the law, said the resolution a violation of law.
(2) this decision is not subject to appeal.
§ 314n
(1) if the Supreme Court finds that an order for eavesdropping and recording
telecommunications has been released and its implementation in accordance with the
the terms of the § 88 para. 1 or finding data about telecommunications
the operation was issued and its implementation in accordance with the terms of section 88a
paragraph. 1 the said resolution, that the law was not violated.
(2) this decision is not subject to appeal.
THE EIGHTH SECTION
The procedure for approval of the agreement on the guilt and punishment
§ 314o
(1) the application for approval of the agreement on the guilt and punishment, President of the Chamber shall examine the
and according to its contents, and the contents of the file
and public meeting to) give a decision on an application for the approval of the
guilt and punishment,
(b)) Decides to reject the application for approval of the agreement on the guilt and punishment for
serious procedural defects, particularly if the accused did not have when negotiating an agreement
on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2, or
(c)) shall order a preliminary examination of the application for approval of the agreement on the guilt and
the punishment.
(2) in its resolution referred to in paragraph 1 (b). (b) it is necessary to mark a specific)
defects or findings of fact which justified the rejection of the draft on
approval of the agreement on the guilt and punishment. Against this resolution is admissible
the complaint, which has a suspensory effect.
(3) If a resolution on the refusal of the application for approval of the agreement on the guilt and
the sentence has become final, the case returns to the preparatory proceedings.
(4) if the accused Is in custody, the Court will decide whether or not further always the duration
binding.
(5) the Prosecutor may withdraw the proposal on the approval of the agreement on the guilt and punishment
back to the time before the Court removes the final consultation. By withdrawing the
the application for approval of the agreement on the guilt and punishment, the case returns to the preparatory
control.
§ 314p
(1) the President of the Chamber shall order a preliminary examination of the application for approval
agreement on guilt and punishment, if it considers that
and) case belongs to the jurisdiction of another court,
(b)) should be referred to the matter under section 171 paragraph 2. 1,
(c)) are determined by the circumstances justifying the cessation of criminal prosecution pursuant to section
172 para. 1 or its interruption under § 173 paragraph. 1, or the circumstances of the
justifying the conditional discontinuance of prosecution pursuant to section 307 or
approval of settlement pursuant to section 309.
(2) a preliminary examination of the application for approval of the agreement on the guilt and punishment,
takes place in a private session. If the President of the Senate for
decision of the Court will order for the preliminary examination of the application
public meeting.
(3) After the preliminary examination of the application for approval of the agreement on the guilt and punishment
Court
and) decide to bring the case to the jurisdiction of the Court which
is the closest together above him and the Court that is
competent, if that is not itself competent to hear the case,
(b)) shall refer the matter to another body, if there are circumstances referred to in section 171
paragraph. 1,
(c)) the prosecution stops, if the circumstances referred to in section 172 para.
1,
d) prosecution is broken, if there are circumstances referred to in section 173 paragraph.
1,
e) prosecution conditionally stops under section 307 or decide to
approval of settlement pursuant to § 309 para. 1,
f) Decides to reject the application for approval of the agreement on the guilt and punishment for
serious procedural defects, particularly if the accused did not have when negotiating an agreement
on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2.
(4) After the preliminary examination of the application for approval of the agreement on the guilt and punishment
the Court may also stop the prosecution, if the circumstances referred to in
section 172 para. 2.
(5) against the decision referred to in paragraph 3 (b). b) to (f)) and pursuant to paragraph 4
the Prosecutor and the accused may submit a complaint, that is, unless the
discontinue prosecution, suspensory effect. The decision on the
conditional cessation of criminal prosecution and on the approval of the settlement may
to file a complaint, which has suspensive effect, whether or not broken.
(6) If a resolution on the refusal of the application for approval of the agreement on the guilt and
the sentence has become final, the case returns to the preparatory proceedings.
§ 314q
(1) on the application for approval of the agreement on guilt and sentence by the Court in
the public session. President of the Chamber shall invite the public meeting
of the accused; about the time and place of the proceedings, inform the State Prosecutor and defence counsel
the accused, as well as the injured party. If the corrupt agent, shall be
about the public meeting of his agent. A public meeting is held for the
the permanent presence of the accused and the Prosecutor.
(2) following the initiation of the public meeting of the Prosecutor raised by the proposal to
approval of the agreement on the guilt and punishment.
(3) After the presentation of the proposal on the approval of the agreement on guilt and sentence prompts
the President of the Senate of the accused to make a comment and asks him
whether
and negotiated agreement) shall mean the guilt and punishment, in particular whether it is obvious what
constitute the essence of the offence, which he blamed for, what is its legal
qualifications and what penalties the law provides for an offence that is
seen in this deed,
(b)) a statement that he has committed an offence for which he is prosecuted, he made
voluntarily and without coercion and was advised of his rights of defence,
(c)) are aware of all the implications of the agreement on the guilt and punishment,
in particular, it has waived the right to hear the case in the main proceedings and the law
appeal against the judgment, which the court agreement on guilt and punishment
approved, with the exception of that referred to in § 245 paragraph. 1 the second sentence.
(4) following the observations of the accused will allow the Court to the victim, if present,
to comment.
(5) the taking of evidence, the Court does not. If it considers it necessary, it may
to hear the accused and to procure the necessary explanation.
The decision on the application for approval of the agreement on the guilt and punishment
§ 314r
(1) the Court may decide on the legal classification of the offence, penalties and
the protection measures only to the extent stated in the agreement on guilt and punishment. About
a claim for damages or non-material damage in money or issuing a
unjust enrichment by the Court to the extent stated in the agreement on
guilt and punishment, if it agrees, or if damaged agreed
range and method of compensation for damage or non-material damage and editions
unjust enrichment claim duly claimed the injured party is responsible (§
paragraph 43. 3).
(2) the court agreement on guilt and punishment does not approve, if it is incorrect or
disproportionate in terms of compliance with the observed facts or from
in terms of the type and the amount of the proposed penalty, or protective measures,
or incorrect in terms of the extent and the way of compensation or
non-material damage or unjust enrichment, or if it finds
that serious violations of the rights of the accused during the negotiation of the agreement on
guilt and punishment. In this case, the resolution returns
control. Against this resolution is admissible a complaint, which has suspensive
effect.
(3) the Court may, in the cases provided for in paragraph 2 instead of returning things
in preliminary proceedings to announce their reservations to the Prosecutor and
the accused, who may propose a new version of the agreement on the guilt and punishment. For
to this end, the Court odročí public meeting. If, within the prescribed period
the Court will not be presented the new version of the agreement on the guilt and punishment, it shall
the Court referred to in paragraph 2.
(4) the court agreement on guilt and punishment shall be approved by the convicting judgment in
stating our opinion on the approval of the agreement on guilt and sentence, and the statement of guilt and
penalty, or protective measures, in accordance with the agreement on the guilt and
the punishment. Statement on damages or non-material damage, in cash or by
the issue of unjust enrichment the Court shall indicate, in accordance with the agreement on the guilt and
the penalty, which damaged agrees, or with the agreement of guilt and punishment, in
which the agreed extent and manner of compensation for damage or non-material damage or
the issue of unjust enrichment corresponding to duly acknowledge the claim
the injured party (section 43, paragraph 3); otherwise, the Court shall proceed in accordance with section 228 if the
the facts are reliably demonstrated with evidence, where appropriate, under section
229.
(5) if it transpires that any of the circumstances referred to in section 171 paragraph 2. 1, §
172 para. 1 and 2, § 173 paragraph. 1 (b). b) to (d)), or in section 223a para. 1,
the Court shall decide on the transfer of the case, prosecute, interruption
criminal prosecution or prosecution conditionally stops pursuant to § 307
or decide to approve an out-of-court settlement in accordance with § 309 para. 1. the court interrupted
the prosecution of even if you cannot deliver the summons to the accused person to
the public meeting.
(6) against the decision referred to in paragraph 5, the State Prosecutor to file a
the complaint, which has, except for the suspension of criminal prosecution, the suspensory
effect. Against a decision on conditional cessation of criminal prosecution or
on the approval of such a settlement may also complain to the accused and
damaged.
§ 66s
If the matter was returned to the preparatory proceedings under § 314o para. 3 or 5,
§ 314p para. 6 or § 314r para. 2, in further proceedings, to the agreed
agreement on guilt and punishment, including the Declaration of guilt, the accused are taken into account.
Referral back to the preliminary proceedings shall not preclude the negotiation of a new agreement on the
guilt and punishment. If the accused is in custody, and at the same time, the Court decided
the release of the accused on freedom, continues to bind in the preparatory proceedings,
not already done-bound together shall not exceed the time limits referred
in § 72a para. 1 to 3.
THE HEAD OF THE TWENTY-FIRST
Enforcement proceedings
§ 315
Competence in the enforcement process
(1) the decision shall exercise its power, where appropriate, arranging the authority that
the decision has made; in the proceedings before the Court the decision of the Chamber shall be exercised by or
the presiding judge arranges for his performance.
(2) the decision related to the exercise of criminal penalties, and protection measures,
If it is not stipulated by something else, the Court in the case decided in
the first instance.
(3) the measures necessary for the execution of criminal penalties and protective measures and to the recovery of
the costs of criminal proceedings, in particular the vyrozumívání of other bodies and persons,
for the interaction in the exercise of the said decisions, makes,
If it is not stipulated by something else, President of the Chamber of the Court, that in the
the case decided in the first instance.
THE FIRST SECTION
the title launched
§ 316
cancelled
§ 317
cancelled
§ 318
cancelled
section 319
cancelled
SECTION TWO
The sentence
§ 320
General provisions
(1) how the imprisonment sentence Act regulates the
the deprivation of liberty.
(2) in the case of persons who are in imprisonment, makes a decision
associated with the performance of this punishment, the Court, in whose district the custodial
freedom is exercised.
(3) if the prison sentences imposed gradually established various
the method of enforcement of the sentence, determine the common way the performance gradually imposed
sentencing the Court in whose district the imprisonment.
§ 321
Regulation of the enforcement of a sentence
(1) as soon as the decision to execute punishment
deprivation of liberty, has become enforceable, President of the Chamber, the competent prison
send prison regulation and invite the convicted person, if it is at liberty to
the penalty within a specified period. Where statement on the imposition of punishment
imprisonment in an enforceable decision of the Court of appeal shall order performance
This punishment for the convicted person who is in custody, the President of the Senate
the Court of appeal immediately after delivery of the decision; the President of the Senate
the Court of appeal may do so also for the convicted person who is not in custody,
If specific facts found that his stay at liberty is
dangerous, or if his conduct or other specific
facts justified concern that the convicted person will abscond or will
to hide.
(2) the absence of the specific facts found that a stay of the convicted person
the freedom is dangerous, or if it does not follow from his conduct or other
specific facts justified concern that flees, or will hide,
and not as justification for immediate imprisonment regulation
freedom, the President of the Senate to the boarding penalty to provide
to the person a reasonable period in order to procure his affairs.
This period may not be longer than one month from the date determined by the
the decision referred to in paragraph 1.
(3) if the convicted person does the penalty within the time limit which has been granted,
or if any of the specific facts found that his stay on
freedom is dangerous, or if his conduct or other
specific facts justified concern that flees or will
hide, President of the Chamber, in order of imprisonment delivered.
If there is no known place of residence of the convicted person, shall be used for the command to
delivery to imprisonment, mutatis mutandis, the provisions of § 69 para. 3. Is the instead
the stay of the convicted person known, can be used to its delivery to the execution of a sentence
the provisions of § 83 para. 2. the President of the command of the Senate always asks
the police authority of the immediate submission of information about whether he was convicted
imprisonment is delivered, or what the circumstances of delivery in the performance
the penalty.
(4) an order referred to in paragraph 3 shall be issued even if the convicted person fails to
its obligation specified in § 322 paragraph. 1, last sentence, or under the conditions
referred to in Section 322 paragraph. 3 the second sentence.
Postponement of execution of a sentence
§ 322
(1) the President of the Senate postpones the necessary for the performance of the sentence
freedom, if medical reports of hospitalization of the convicted person in the
inpatient medical facility or from other reality shows that
the sentence would have endangered his life or health.
(2) If a convicted person for deferment of imprisonment on grounds of
referred to in paragraph 1, however, the President of the Senate has considered that such
the reasons are not apparently made, prompts the convicted person at the latest when
the onset of imprisonment has submitted a report on your health
the State of the prison. If it is found that the prison health
the convicted person does not allow to submit to imprisonment,
Depending on the nature of the Court shall propose its deferment or interruption.
(3) the sentence on a pregnant woman and the newborn's mother
child's President of the Chamber shall postpone for one year after giving birth.
(4) against the decisions referred to in paragraphs 1 and 3 shall be admissible, a complaint that has
suspensory effect.
Section 323
(1) imprisonment of one year nepřevyšujícího, the President may
important reasons to defer to the Senate, for a period not exceeding three months from the
the day when it came into the decision referred to in § 321 paragraph. 1.
(2) other suspension or deferral of such punishment for a period longer
than three months may allow the President of the Chamber, and that only in exceptional cases of
particularly important reasons, in particular if the sentence would have to
the convicted person or his family extremely difficult consequences. The postponement, however, can
allow for a maximum period of six months from the day when it has to be able to
the decision referred to in section 321 para. 1.
(3) if there is a concern that the convicted person absconds, or abuses a permitted
delay, President of the Chamber shall withdraw the suspension.
(4) against the decision, which was allowed to suspend enforcement of the sentence to the
paragraph 2, the Prosecutor may file a complaint.
section 324
Decision to change the method of execution of a sentence
(1) the change of the way of imprisonment shall act in the public
the meeting on the proposal of the State Prosecutor or the Director of the prison, and unless the
deciding on the reassignment of a juvenile to prison for the rest of the prisoners,
also, at the request of the convicted person or even without such initiative, the District Court in
the perimeter of the prison sentence.
(2) before deciding to change the way that a prison sentence must
be the person's hearing.
(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
Interruption of the execution of a sentence
section 325
(1) If a convicted person, where the imprisonment, vitiate
severe disease, the President of the Senate of the sentence to the time
break; the President of the Senate always breaks execution of a sentence on a pregnant woman
or the mother of the child under the age of one year.
(2) if there is a concern that the convicted person absconds, or abuses a permitted
interruption, President of the Chamber shall withdraw the sentence break.
(3) against the decision referred to in paragraph 1 shall be admissible complaint.
§ 326
cancelled
§ 327
the title launched
(1) the Court may dispense with a prison sentence or its remainder,
If the convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported.
(2) in the absence of the release of the convicted person to a foreign State to surrender
or for expulsion provided for in paragraph 1, or if he returns in the following cases
issued, passed or deportation, the Court that a prison sentence
freedom or the rest of it.
(3) the Court may waive the imprisonment or the rest of the
even if, if it finds that the convicted person fell ill with incurable life
dangerous diseases or incurable disease mental.
(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has
suspensory effect.
§ 328
The postponement and interruption of enforcement of the sentence and the abandonment of its performance for soldiers
(1) the presiding judge shall postpone or interrupts the sentence
nepřevyšujícího six months, if the convicted person is summoned to the exercise of a fundamental
military service.
(2) If a convicted person in the performance of this service did not commit any crime
performance and held the duly military service, shall refrain from carrying out the sentence, the Court or
the rest of it; otherwise it will decide that the sentence or its remainder.
Has been waived or the rest of the sentence, the penalty for
a check by the date on which its performance is postponed or interrupted.
(3) against the decision referred to in paragraph 2 is admissible a complaint to
suspensory effect.
Suspended sentence
Section 329
(1) in cases where it is in the light of the nature of the restrictions imposed, and
How to check the behaviour of the convicted person must be conditionally send the President of the
the Senate immediately after the judgment imposing a sentence of imprisonment,
the performance was suspended, its a copy of the probation officer to
the exercise of control over the behavior of the convicted person and of compliance with the imposed
the restrictions. At the same time, it will ask to put in regular terms that
at the same time provides him a report on the way of life of the convicted person, and in the
If they found out the reasons for the regulation of the enforcement of the sentence to make it immediately
the Court announced. Control over the behavior of the convicted person and of compliance with the
imposed restriction may at the request addressed to the district
the Court, in whose district the convicted person resides, works or resides,
to perform probation official active outside the perimeter of the Court, in a case decided
in the first instance.
(2) if the President of the Senate of the nepověří performance control of probation
an official at regular times, at least once every six
months, figuring out whether a conditionally sentenced leads an orderly life and
It adheres to the constraints that have been imposed by a judgment.
(3) an Association of citizens employed on the work of the convicted person or his
residence, the President may request the Senate educational interaction, if
It has offered a guarantee for the re-education of the convicted person.
section 330
(1) as to whether a convicted conditionally proved or order the performance
conditionally deferred sentence, the Court shall decide in a public meeting. In
public meetings of the Court and to keep the conditional conviction in
validity according to § 83 para. 1 of the criminal code.
(2) when deciding on the certificate of the convicted person, the Court conditionally also relies
on the expression of interest of the Association of citizens.
(3) the decisions referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
(4) decision that convicted conditionally proved, may with the consent of
the Prosecutor also made President of the Chamber.
section 330a
(1) if the decision was made to conditional sentencing to prison sentence
freedom with the supervision of the Court after the judgment task the measures
probation officer in whose district has the person's place of residence or
the workplace in order to monitor its behavior and compliance with the imposed restrictions and
obligations in the manner prescribed by a special law. Depending on the nature of things
ask about the interaction between public authorities, interest groups and citizens
other authorities, institutions and persons. In the exercise of supervision cannot be conditionally
the convicted party to impose other obligations than those resulting from the Act or
from a conviction.
(2) the decision on whether to certify the convicted conditionally for which
He was torn by the sight, or whether it will order the performance of conditionally deferred
the sentence is to be used, mutatis mutandis, the provisions of section 330.
Conditional release
§ 331
(1) on conditional release from imprisonment by the Court on
the proposal of the State Prosecutor or the Director of the prison, in which it is carried out the punishment,
at the request of the convicted person, or without such a request, and it is in the public
meeting. The Court shall inform the holding of public meetings on the conditional
release from a prison sentence imposed for the crime as well as the injured party,
which made the request (section 228 (4)). Request for conditional release from
imprisonment under section 88 para. 2 of the criminal code may
the accused may submit only if it connects to a positive opinion from the Director
the prison that the convicted person has demonstrated its star behavior and its
the obligations that the next sentence is not necessary; otherwise, the Court on any such
applications not selected and returns it to the accused person be informed of the need to
connect to it referred to the opinion of the Director of the prison. If the request was
a convict on conditional release is denied, it may be doomed
Retry only after the expiry of six months from a negative decision,
unless the application was refused only because the time limit has not yet expired
provided for in the law for conditional release.
(2) Conditional release may also suggest an Association of citizens,
will offer to guarantee the completion of the axles of the convicted person. The approval of the
with the condemned, can an Association of citizens before the application for
conditional release request the Director of the prison, in which it is carried out the punishment,
to indicate the status of the re-education of the convicted person.
(3) Propose a conditional release of the prison director, in which the person's
carries out the sentence, or to such a proposal, can a decision on
the fact that the convicted person will be granted conditionally, with the consent of the State to make
the representative of the President of the Senate.
(4) at the request of interest grouping citizens about the synergy in education
conditionally released shall, mutatis mutandis, the provisions of § 329.
(5) If a decision was taken on conditional release under the current
give the supervision of prisoners or if the Court has decided on the conditional
the release of the convicted person, and him at the same time reasonable restrictions or
reasonable obligations to make him lead an orderly life, shall be used
on the procedure for the exercise of supervision and control the behavior of the convicted person reasonably
the provision of section 330a para. 1. It was decided to conditionally
released convicted during the trial he was kept in your dwelling shall be used
the procedure of performance of the obligation to apply the provisions of § 334b
334e. If it was decided to conditionally released convicted in
during the trial he has done work for the benefit of municipalities, State or other
non-profit institutions on procedure used in the performance of this
the obligation to apply the provisions of § 336 to 339. If it was decided,
to conditionally released a convicted person has lodged a court the amount designated on the account
on financial assistance to victims of crime, the President of the Senate on the
the request of the convicted person for important reasons
and the composition of that sum) to defer, for a period not exceeding six months from the
the date on which the decision becomes final;
(b) enable repayment of this amount) in monthly instalments to
the entire paid no later than the end of the specified trial period.
§ 332
(1) whether to conditionally released or whether the rest of the proved
the sentence, as well as about whether the rest of the sentence is carried out, or leaves
in effect, the conditional release, by the Court in open court.
The decision to conditionally released proved, may with the consent of
the Prosecutor also made President of the Chamber.
(2) when deciding on the certificate, the Court relies to conditionally released
also on the expression of interest of the Association of citizens.
§ 333
(1) a decision under section 331 is the District Court in whose district the punishment
the deprivation of liberty. Unless important reasons, it should be about
a proposal or a request to decide not later than 30 days from their delivery
the Court. Decision pursuant to section 332 is a court that the convicted person from punishment
conditionally discharged.
(2) prior to a decision on conditional release or the performance of the rest of the
the sentence must be the person's hearing; This does not apply if the Court
under section 331 of paragraph 1. 3.
(3) against a decision pursuant to section 331 of paragraph 1. 3 is admissible a complaint against
the operative part of the determination of the length of the trial period. Other decisions
under section 331 and 332 shall be admissible, a complaint shall have suspensive effect.
sec. 333a
If the accused was convicted to imprisonment, may
the presiding judge ordered the restrictions of prohibition
travel abroad, which lasts until the time when the convicted person executes
a punishment or some fact, which is associated with the demise of the performance
the punishment. Against this decision is admissible a complaint. For cases
in the first sentence of § 77a paragraph 1. 2 to 6 shall apply mutatis mutandis.
§ 333b
Conversion of imprisonment sentence of house arrest
(1) on the conversion of imprisonment sentence of house arrest decides
upon the motion of the Prosecutor or the Director of the prison in which the
carries out the sentence, at the request of the convicted person, or without such a request,
in a public meeting.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 334
Custody and punishment
(1) the custody and punishment, President of the Chamber shall decide by resolution, and
usually at the same time with the regulation of enforcement of a sentence. The binding is included
According to the State of enforcement of the sentence, since the personal
freedom of the accused was limited.
(2) against the decision referred to in paragraph 1 shall be admissible complaint.
(3) on the proposal of the public prosecutor, to imprisonment
nezapočítala the period during which a prisoner was interrupted a performance penalty
deprivation of liberty for the purpose of medical care in a medical facility outside of the
the prison, if it happened as a result of the fact that the convicted person's injury
intentionally, shall be decided by the Court in open court. Against this
the decision is admissible a complaint which shall have suspensive effect.
THE THIRD SECTION
The sentence of house arrest
§ 334a
Regulation of the enforcement of a sentence of house arrest
(1) as soon as the decision on which to execute the penalty home
the prison has become enforceable, the presiding judge shall send to the person, and
the competent probation and mediation service center regulation performance of this
the sentence, which will determine the
and the beginning of the execution of the sentence) and
(b) the place of performance of this sentence).
(2) the beginning of the enforcement of a sentence of house arrest, the President of the Senate shall lay down
to get their affairs could convict.
(3) the place of the President of the Senate shall lay down the penalty in the dwelling of the convicted person in the
place of residence or the place where the convicted person resides, and this with the
taking account of his personal and family circumstances; If the person's
employed, shall take into account the place of employment and transport options
into employment.
§ 334b
Checking the enforcement of a sentence of house arrest
Control of the execution of a sentence of house arrest provides probation and mediation
service in cooperation with the operator of electronic control
a system that allows you to detect movement of the convicted person or random
linking a probation officer; for this purpose, the person's
the probation officer must allow access to the place of punishment.
§ 334c
Non-compliance with the conditions of enforcement of a sentence of house arrest
If the convicted person fails to comply with the specified conditions of house arrest and stored
reasonable restrictions and reasonable obligations, shall inform the
the operator of an electronic surveillance system or the probation officer
executing control without delay Court which ordered the execution of a sentence.
§ 334d
The postponement and interruption of enforcement of a sentence of house arrest
(1) the President of the Chamber may, for important reasons to postpone the time needed
or interrupt the execution of a sentence of house arrest.
(2) if the reasons for the postponement or interruption, Chairman of the Senate's postponement
or interruptions.
(3) the period for which a sentence of house arrest was postponed or
interrupted, is not counted into the period of imprisonment.
(4) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect.
§ 334e
Change the sentence of house arrest
(1) at the request of the convicted person, the public prosecutor or by a probation
with or without such a request, the President of the Senate from important reasons
on the change of the place of enforcement of a sentence of house arrest, a time when there has
of the person's stay, and the reasonable restrictions and reasonable obligations
set out to the person; in doing so, to the detriment of the convicted person must not change
the number of hours in a week, after which the convicted person in a dwelling, and
the range of reasonable restrictions and reasonable obligations. About changing the sentence
the presiding judge decides house arrest without undue delay after the
recognition of the common dwelling under other legislation.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 334f
The abandonment of the enforcement of a sentence of house arrest
(1) the Court may dispense with the enforcement of a sentence of house arrest, or his
the rest, if the convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported.
(2) in the absence of the release of the convicted person to a foreign country, to surrender or to
the expulsion referred to in paragraph 1, or if he returns in the following cases
issued, passed or deportation, the Court will decide the penalty home
or the rest of the prison.
(3) the Court may dispense with the enforcement of a sentence of house arrest or the rest of the
even if, if it finds that the convicted person fell ill with incurable life
dangerous diseases or incurable disease mental or other
Similarly, for serious reasons.
(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has
suspensory effect.
§ 334g
The conversion of the sentence of house arrest in a custodial sentence
(1) on the conversion of the sentence of house arrest in imprisonment chooses to
President of the Chamber, upon a proposal by a probation or even without such a proposal
in a public meeting.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 334h
The Ministry of Justice may decree lay down details of control
the sentence of house arrest.
SECTION FOUR
The sentence works of general interest
§ 335
General provisions
The punishment of community service work of the convicted person shall be exercised in the perimeter of the district
the Court, in which he lives. With the consent of the convicted person may be subject to punishment
performed also outside this circuit.
the title launched
Regulation of the enforcement of a sentence
§ 336
(1) as soon as the decision on which to execute the sentence in General
community service, becomes enforceable, President of the Chamber shall transmit a copy thereof
the probation officer.
(2) the type and location of the performance of community work will decide the district
Court punishment of community service order, on the application of probation
official. Probation officer in the proposal is based on the needs of the performance of these
work in the Circuit Court of the district in which the person's lives, and takes into account the
ensure that the person's punishment has pursued what nearest to the place where she lives; When
determining the type and place of work of general interest in
conjunction with the probation and mediation service centre in the circuit court, in
which the punishment of community service work performed. The punishment is to be
in General, the community service performed outside the perimeter of the District Court, in
where the person's lives, is part of the design of the probation officer also
the written consent of convicted person with this performance.
(3) the decision referred to in paragraph 2, the Court convicted at the same time learn about his
the obligation to attend within 14 days from the notification of this decision to the
probation and mediation service center in the periphery of the District Court, in which the
the penalty is to be executed, the community in General, to discuss the
the conditions of imprisonment of charitable work and its obligations
to appear on the day appointed probation officer entrusted with the control over the
the performance of this punishment at the municipal office or the institution, which has generally
to carry out community work, for the purpose of incarcerated. At the same time it
notifies you of the consequences of failure of these obligations.
(4) the decision referred to in paragraph 2 shall inform the Court of its legal
able to centre the probation and mediation service at the perimeter of the District Court, in
which is to be executed by the punishment of community service, and at the same time entrusts
measures by a probation officer of that Court, circuit control
in General, the performance penalty of community service.
(5) to change the type and place of work of general interest shall decide
the District Court that the punishment of community service order, on a proposal from
the convicted person or the probation officer carrying out the control over performance of
in General, the penalty of community service. Notify the Court of this decision after the
the acquisition of the legal power of the probation and mediation service centre in the circuit
the District Court, in which the punishment of community service or
the rest of it, and at the same time authorise the measure by a probation
active in the circumference of this Court control over the sentence in General
community service.
(6) when discussing the conditions of imprisonment in general community service,
the determination of the date of the start of his performance and the enforcement of the control of this sentence
progresses of the probation officer responsible for enforcement of the sentence in General
community service, in cooperation with the competent municipal authority or
institutions, which are generally beneficial work carried out.
§ 337
If the convicted person fails to comply with the obligations provided for in § 336 paragraph. 3, or without
serious breaches of the agreed conditions because of the enforcement of the sentence in General
community service, culpably does not carry out the penalty within the time
or otherwise undermined the performance of this punishment, the probation officer responsible for the
control over the performance of this sentence or through municipal
the Office or the institution, which are generally beneficial to the work performed,
This fact without delay and shall notify the Court which ordered the execution of a sentence.
Also the court forthwith be convicted when the penalty imposed in General
community service performed.
§ 338
the title launched
(1) if the Court considers the educational interaction interest citizens Association
to be beneficial, it shall proceed mutatis mutandis under section 329.
(2) the municipal authorities and the charitable institution shall communicate its requirements to the
in General, the execution of community service centre of the probation and mediation service
in the Circuit Court of the County in which they are to be generally beneficial work
carried out. At the same time are obliged to communicate to him any substantial amendment
regarding that request that the Centre should be informed about the
the need for such work. The probation officer shall inform the Court on the application for
the need for community service work in the desired circuit.
(3) when obtaining requirements of charitable work
suitable for prisoners and detention of charitable work
the probation officer responsible for the control over performance of the sentence in General
community service works with communities and with the public benefit
institutions and carries out the actions directed to the accused led the orderly
life.
§ 339
The postponement and interruption of enforcement of a sentence
(1) the President of the Senate at the time needed will defer or suspend implementation of penalty
in General, community service, where the medical reports submitted by the
prisoners or on-demand with his consent implies that as a result of
Transitional health deterioration of the person's sentence is not able to
to execute.
(2) the punishment of community service work on the pregnant woman and mother
Chairman of the Board shall postpone the newborn child or is interrupted for one
the year after childbirth.
(3) for other important reasons, the President of the Chamber the sentence in General
community service to defer for a period of not more than three months from the date on which the
the decision, which was the penalty saved, has power. If
the reason for this postponement or interruption of enforcement of a sentence of community service work
the provision of special protection and assistance pursuant to a special legal
Regulation, the presiding judge will defer or suspend implementation of the sentence in General
community service by the time of the termination of the provision of special protection and
assistance. The competent authority providing special protection and assistance without delay
It shall inform the President of the Senate of the termination of the services.
(4) if the reasons for the postponement or interruption, Chairman of the Senate's postponement
or interruptions.
(5) the period for which the punishment was community service work postponed
or interrupted, is not included in the period of one year in which to be
sentence.
(6) against the decisions referred to in paragraphs 1 to 4 shall be admissible a complaint that
shall have suspensive effect.
§ 340
The postponement and interruption of prison for soldiers
(1) the presiding judge shall defer or suspend implementation of a sentence of community service
work, if the convicted person is called upon to perform military service.
(2) the provisions of § 339 paragraph 2. 4 and 5 shall apply mutatis mutandis also for inmates,
which sentence was postponed or interrupted in accordance with paragraph 1.
(3) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect.
§ 340a
The abandonment of the enforcement of a sentence
(1) the President of the Chamber shall refrain from carrying out the sentence of community service work
or the rest, if the convicted person as a result of changes to your
the State of health in the long term, unable to this sentence.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 340b
The conversion of the penalty of community service work in the sentence of house arrest, in
a financial penalty or a custodial sentence
(1) on the conversion of the penalty of community service work or about the conversion of his
the rest of the sentence of house arrest, in a fine or prison sentence
freedom, as well as keeping work in the general interest penalty
in determining the validity of supervision or other unsaved
reasonable restrictions, reasonable duties or, where appropriate, educational
restrictions, it shall decide without undue delay, on a proposal from the President of the Senate
probation officer control over the performance of this penalty or
on a proposal from the local authority or institutions which are generally beneficial
the work carried out, brought on by this probation,
with or without such a proposal at a public hearing. Of those decisions
President of the Chamber shall inform the Centre of the probation and mediation service in the circuit
the Court, in which the punishment of community service work performed.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
THE FIFTH SECTION
The performance of some other criminal records
The performance of a financial penalty
§ 341
As soon as he became enforceable judgment, according to which the convicted person is obliged to
to pay the financial penalty, invite the President of the Chamber of the convicted person to
paid within 15 days, and warns him that otherwise will pay
enforced.
§ 342
(1) at the request of the convicted person may, President of the Chamber of the important reasons
and postpone the execution of a financial penalty), for a period not exceeding three months from the
the date on which the judgment became legally valid, or
(b) enable repayment of financial penalty) increments so that the entire
paid within one year from the date of the judgment of the legal
power.
(2) if the reasons for which it was the performance of a financial penalty, postponed
If the convicted person fails to comply with or without good reason, the value may
the President of the Senate permits the deferral or installment.
§ 343
(1) the presiding judge shall order that the financial penalty was enforced,
If the convicted person does not pay it
a) within 15 days after being asked to pay for the
b) within 15 days after he was notified of the decision, which allowed
deferment or allowed repayment have been revoked, or
(c)) until the expiry of the period for which the sentence has been postponed.
(2) if ordered by the recovery of a financial penalty, whose performance is
secured on the property of the convicted person, his remuneration should preferably be used
seized property.
(3) a financial penalty may be enforced only if it will not be wasted
the satisfaction of the claim of the injured party granted for damages or
non-material damage in money or unjust enrichment.
Adopt a sufferer to enforce your claim within three months from the date of
convicting judgment by which a financial penalty has been saved, the
a financial penalty to be enforced, regardless of the claim of the injured party.
(4) in the management of the payment of a financial penalty shall be applied in accordance with the tax
of the order.
§ 344
(1) the Court shall waive the financial penalty or his performance the rest of the if
the convicted person as a result of circumstances independent of his will to become
Unable to pay a financial penalty over the long term or sentence
was seriously compromised nutrition or education of the person on whose nutrition or
the education of the person under the Act required.
(2) on the conversion of a financial penalty or the rest of the domestic
prison or punishment of community service will decide the President of the Senate
in a public meeting.
(3) If a fine is not paid, it does not come into consideration procedure
in accordance with paragraph 1 or 2 or § 342 para. 1 and it is quite obvious that the performance
This sentence could be thwarted, particularly if you cannot pay the penalty
from the assets seized for the purposes of its enforcement, the Court shall authorise enforcement
replacement of imprisonment or its proportional part; in doing so,
decide on the method of performance of a replacement sentence.
(4) the convicted person may at any time turn away performance penalty or his surrogate
the aliquot part by monetary penalty or its proportional part of pay. About
What part of the replacement of the sentence is to be executed, the President shall decide
the Senate.
(5) against the decisions referred to in paragraphs 1 to 4 shall be admissible a complaint that
shall have suspensive effect.
Ensure the performance of a financial penalty
section 344a
(1) if the accused Is prosecuted for an offence for which it is to be given to the
the nature and gravity of the offence and the circumstances of the accused expected
the financial penalty, the Court and, in preliminary proceedings the State
representative to ensure the specified portion of the property of the accused. To ensure that you cannot
take the assets that are under special legislation excluded from
enforcement of the collateral.
(2) the decision on the complaint is admissible.
(3) on making a decision on securing a financial penalty, and the procedure for
ensure the otherwise used, § 47 para. 4 to 6 and § 47 para. 8, mutatis mutandis.
§ 344b
(1) the Court and, in preliminary proceedings, the Prosecutor shall ensure
limits, pass away if the reason for which it was designated part of the property,
or if there is a need to ensure, to the extent in which it was ordered.
(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor
on the proposal of the accused to enable implementation of the Act, which applies to the secured
asset.
(3) the accused has the right at any time to request a cancellation or limitation of collateral.
On such an application the Court and, in preliminary proceedings, the Prosecutor
shall immediately make a decision. If the application is rejected, the accused may,
unless new reasons, repeating until after the expiration of 30 days from the
the decision.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
It has, in terms of enabling the implementation of the Act, the revocation or limitation
ensure a suspensory effect.
Punishment of confiscation of property
§ 345
Where the judgment, which was liable to a penalty the confiscation of the entire property
or in part, the President of the Senate shall send the enforceable organizational folder
State, by a special Act it is the responsibility of management of the property of the
State, a copy of the judgment without justification to complete this sentence.
§ 346
(1) if in the execution of the penalty of confiscation of the doubts,
whether this penalty on certain resources or things apply, due to the
the fact that there are necessarily required to satisfy basic needs of the convicted person
or persons about their nutrition or education of the person under the Act
required, will decide on a proposal from the President of the Senate of the organizational
units of the State, which according to a special law it is for the management of
property of the State, or at the request of the convicted person or the person on whose nutrition
or education. Such a request may be made only up to three months from the
the date on which the judgment became legally valid, and if the resources or things
that have been affected by the implementation of the penalty of confiscation of property only
later, within one month from the time when it happened.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
(3) a copy of the final resolution referred to in paragraph 1 be sent to the President of the
Senate organizational folder State, under a special law, it is for the
the management of the property of the State.
(4) the right of ownership to a third party resources and things affected when
the execution of the penalty of confiscation pursuant to paragraph 1 may not be invoked,
but only by the rules of civil law.
Ensure the performance penalty of confiscation of property
§ 347
(1) if the accused Is prosecuted for an offence for which, given the nature and
the severity of the crime and the circumstances of the accused should be expected to save penalty
the confiscation of property, the Court and, in preliminary proceedings, the Prosecutor
the assets of the accused or his or her designated portion. The Court shall ensure
the assets of the accused or his or her designated portion always saved a penalty
the confiscation of property, judgment that still has not come into legal force. To
You cannot take the collateral assets that are under a special legal
prescription excluded from enforcement of the collateral.
(2) the decision on the complaint is admissible.
§ 348
(1) ensuring affects all assets of the accused or his or her designated
part, including the fruits and benefits, drawn from them. Ensure the entire
the property also applies to assets that the accused will take over security.
(2) on making a decision regarding the securing of assets and how to ensure otherwise
§ 47 paragraph 1 shall be used. 4 to 6 and § 47 para. 8, mutatis mutandis.
§ 349
(1) the Court and, in preliminary proceedings, the Prosecutor shall ensure
limits, will vanish if the reason for which they were part of the property or its designated
secured, or if there is a need to ensure, to the extent in which the
ordered.
(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor
on the proposal of the accused to enable implementation of the Act, which applies to the secured
asset.
(3) the accused has the right at any time to request a cancellation or limitation of collateral.
On such an application the Court and, in preliminary proceedings, the Prosecutor
shall immediately make a decision. If the application is rejected, the accused may,
unless new reasons, repeating until after the expiration of 30 days from the
the decision.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
It has, in terms of enabling the implementation of the Act, the revocation or limitation
ensure a suspensory effect.
section 349a
cancelled
§ 349b
The performance penalty of confiscation or forfeiture performance replacement values
A copy of the judgment, which was ratified by the penalty of confiscation, or which have been
say the confiscation of replacement value, it will send the President of the Senate
organizational folder State, under a special law, it is for the
the management of the property of the State. If the thing is the subject of the sentence
confiscation or covered by voicing the forfeiture
replacement values, assured, President of the Senate shall take measures to ensure that
such organizational folder entrusted the handling of it, if such a
the branch has so far secured management or replacement values
not exercising.
§ 350
The performance penalty of disqualification
(1) the President of the Chamber shall decide immediately after the judgment, which was
ordered the disqualification penalty, netting the period during which
It was ordered before the legal power of the judgment, which authorized
is the subject of the prohibition, in connection with a criminal offence is withdrawn in accordance with
Special regulations, or on the basis of the measures of the State authority was not allowed
This activity, in the performance of the sentence of the prohibition
activity. Against this decision is admissible a complaint.
(2) The procedure for conditional abandonment of the rest of the performance penalty of prohibition
activities, as well as on the procedure for the performance of the rest of this regulation is
governed the provisions of § 331 to 333. All decisions, however, makes
the Court in the case ruled in first instance (section 315 (2)).
§ 350a
The sentence banning residence
(1) the imposition of a ban of residence shall inform the President of the Senate and municipal office
police authority on the circuit, the prohibition applies, as well as the municipal
the authority and the police authority in the place where the convicted person has permanent residence.
(2) if the person's works in the district, which is covered by the prohibition of
It shall inform the President of the Senate of the stay, whether or not the Organization, that is, the accused in the
employment relationship.
(3) the important reasons can police authority of the place of residence or
the stay permit to the person visiting the place or district, to which the
covered by the prohibition of stay.
(4) After the time that the convicted person performs active military service,
prohibition of residence does not. If the convicted person committed in the performance of
This service, no offense and held the duly military service, the Court of
sentence banning residence or the rest of the refrain. Against this
the decision is admissible a complaint which shall have suspensive effect.
(5) The procedure for conditional abandonment of the rest of the performance penalty of prohibition
stay, as well as on the procedure for the performance of the rest of this regulation is
Similarly, the provisions of § used 331 to 333.
(6) a decision to impose reasonable restrictions on the person that was the punishment
the prohibition of stay stored next to unconditional imprisonment shall be in
public meetings of the Court in whose district the sentence of imprisonment was
last practiced. Against this decision is admissible a complaint that
shall have suspensive effect.
The execution of a removal order
§ 350b
(1) as soon as he regains the legal judgment, which was liable to a penalty
the expulsion of the President of the Senate, shall send the prison regulation police of the Czech
States and invite at the same time of the convicted person from the United States to immediately
his journey.
(2) if there is a concern that the convicted person, who is at large, will be
to hide or otherwise obstruct the execution of a removal order, the President of the
the Senate provide a reasonable deadline to obtain his affairs. This
period may not be longer than one month from the date on which the judgment became
legal power.
(3) the time limit referred to in paragraph 2 may, President of the Chamber, at the request
the convicted person as well as extended repeatedly, up to 180 days from the date
When the judgment became legally valid, if the convicted person proves that he has made
all operations required to obtain travel documents and other
the formalities required for entry, but so far not from the United
States to go.
(4) where the convicted person to the penalty of expulsion for international
protection under a special legal regulation ^ 4), and unless the request
obviously unfounded, President of the Chamber, at the request of the convicted person, or even
without such a request, shall postpone the execution of a removal order. On the postponement of execution
the penalty of expulsion because of this, President of the Chamber shall inform the authority of the
responsible for the proceedings for the grant of international protection under the Special
legal předpisu4) and at the same time it asks that it be immediately after their
management announced the manner in which it was decided on the request.
(5) If a prisoner sentenced to deportation granted subsidiary protection
under special legislation ^ 4) or the special protection and assistance
According to a special legal regulation, the President of the Senate shall postpone the execution of a sentence
expulsion for the time of the grant. On the postponement of execution of a deportation order from the
for this reason, President of the Chamber shall inform the authority competent to grant
additional protection under a special legal regulation ^ 4) or authority
responsible for the provision of special protection and assistance provided for in the specific
legal regulation and at the same time asks that it be notified without delay to the
the fact that additional protection to the person concerned ceased to exist or has the
withdrawn or that the provision of special protection and assistance was terminated.
(6) against the decision referred to in paragraph 4, the complaint is admissible.
§ 350c
Binding removal
(1) if there is a concern that the convicted person will conceal or otherwise obstruct the performance of the
the penalty of expulsion, the President of the Chamber to decide on the withdrawal of the convicted person
the expulsion of the binding, unless its replacement guarantee, promise
or financial guarantee.
(2) if it is not apparent from paragraph 1 otherwise, the procedure for expulsion detention and
replacement guarantee, promise or financial guarantees are used
the provisions of title of the fourth section of the first.
(3) If a convicted person taken pursuant to paragraph 1 to the expulsion of binding requests
the President of the Senate, if necessary, to provide travel documents
required for executing a removal order to the police of the Czech Republic.
§ 350 d
If the condemned, which was liable to a penalty
the expulsion, imprisonment, it shall inform the President of the Chamber of
Regulation of the enforcement of a sentence of expulsion whether or not the relevant prison. Police Of The Czech
States in the regulation of the enforcement of a sentence under Section 350b of paragraph 1. 1 at the same time asks,
If it is needed, to provide the travel documents required for the performance of
the penalty of expulsion to this penalty immediately followed up on performance
the imprisonment.
§ 350e
If the Court decides about the abandonment of the imprisonment or
its remnant, on conditional release from imprisonment
or participate in the amnesty, which waived the rest of the sentence
in convicted, which was liable to a penalty of removal, shall inform immediately without
regardless of the legal force of such a decision the court competent for the enforcement of a sentence
expulsion and police of the Czech Republic; as well, the Ministry shall proceed
Justice in the case that the abandonment of imprisonment
or the rest of the Minister of Justice decided.
§ 350f
(1) If a convicted person taken into custody or expulsion if he pursues the punishment
deprivation of liberty, shall ensure its exit from the territory of the Czech Republic
Police of the Czech Republic, which after consultation with the Chairman of the Senate of the convicted person
the prison takes over.
(2) the costs associated with the power of removal, if the convicted person fails to pay, with the
excluding the costs of custody, shall be borne by the police of the Czech Republic.
§ 350 g
(1) if at the time the Court shall accede to regulation of the enforcement of a sentence
the expulsion, with the person's no longer on the territory of the Czech Republic,
President of the Chamber shall forward the prison regulation police of the Czech Republic and
other tasks performed.
(2) If a citizen of the European Union or his family member ^ 5) without
regardless of the nationality of the expelled within two years from the final
the imposition of the penalty of expulsion, President of the Chamber shall check if there
fact, for which the penalty of expulsion cannot be saved.
§ 350h
Interruption of the execution of a sentence of expulsion and abandonment of the enforcement of a sentence of expulsion
(1) the President of the Chamber may, for important reasons to interrupt the time needed
the execution of a removal order. If the reasons for the break have ceased to exist, the President of the Senate
the interruption.
(2) the time during which the execution of a removal order was interrupted, the
not included in the period of imprisonment.
(3) against the decision referred to in paragraph 1 shall be admissible complaint.
(4) since the enforcement of a sentence of expulsion or the rest of the Court shall refrain, if
After the judgment, which was the penalty saved, there
fact, for which the penalty of expulsion cannot be saved. If convicted in the
expulsion custody or serving a prison sentence, it shall inform the
the President of the Senate on final abandonment of the enforcement of a sentence of expulsion
the relevant prison.
(5) against the decision referred to in paragraph 4 is admissible a complaint to
suspensory effect.
The sentence an entry ban on sports, cultural and other social
action
§ 350i
(1) as soon as the decision to take the punishment of the entry ban
on the sports, cultural and other social events, the judicial power,
the President of the Senate shall send a copy thereof to the Centre the probation and mediation service in
the perimeter of the District Court, in which the convicted person lives, and does not have a permanent
residence, in whose district he resides or works, and at the same time entrusts
measures by a probation officer of that Court, circuit control
over the performance penalty of the entry ban on sports, cultural and other
social events.
(2) the probation officer responsible for enforcement of the sentence of the entry ban on
sports, cultural and other social events prompts the convicted person to make
come in by the deadline on the Centre of the probation and
mediation services in order to discuss the conditions of enforcement of a sentence of the ban
entry to the sports, cultural and other social events. In the call to
alerts and on the consequences of failure of these obligations without important
reason.
(3) the probation officer responsible for enforcement of the sentence of the entry ban on
sports, cultural and other social events with a convict shall discuss
the conditions of imprisonment of the entry ban on sports, cultural and other
social events. If it considers necessary to provide for a prisoner
the obligation to report in person, according to his instructions to the designated Police Department
The United States, the specific terms of the agreement with the police of the Czech
of the Republic. In the determination and control of conditions for the pursuit of such penalty
the probation officer shall act in agreement with the competent Police Department
The United States, which has condemned in a specified time, in person.
§ 350j
To control the conditional waiver from the performance of the rest of the sentence an entry ban
on the sports, cultural and other social events, as well as on the procedure for
power regulation the rest of this sentence, shall apply mutatis mutandis the provisions of § 331 used
up to 333.
THE SIXTH SECTION
Limitation of enforcement of a sentence
§ 350 k
On the limitation period of imprisonment by the court order. Against this
the order may file a complaint with the public prosecutor, who shall have suspensive effect.
THE SEVENTH SECTION
The performance of the protective treatment and security detention
Section 351
Enforcement of protective treatment
(1) the performance of the protective order the President of the Senate healthcare treatment
the device, in which the protective treatment done. However, if the
protective treatment was stored next to the unconditional imprisonment
and in the prison are to exercise such treatment given the conditions, the President may
the Chamber may order that the treatment has been carried out during the execution of a sentence
the deprivation of liberty.
(2) if the person for whom it was imposed protective treatment, while on
freedom dangerous for their surroundings, the President of the Chamber shall promptly
its delivery to a medical facility; otherwise, it can provide
a reasonable time limit for obtaining its affairs.
(3) if it is a member of the armed forces or armed corps in Active
the service, the President of the Senate, the appropriate Commander or Chief, to
arranged for his admission to the medical facility.
(4) the President of the Chamber shall request the medical facility that has notified the Court,
that protective treatment order when it was with the performance of the protective treatment
started. At the same time asks the health facility to the District Court, in
the judge exercises a protective treatment, has made forthwith a report,
If the reasons for the further duration of the treatment.
(5) the performance of the protective regulation treating the President of the Senate for the needs of
medical device connects to an expert opinion, a copy of the Protocol on the
the hearing of experts or a copy of the medical report on health status
the convicted person, if in the course of criminal proceedings have been provided with.
§ 351a
Change the protective treatment
(1) on how to change the performance of the protective treatment on the health care proposal
the device, the Prosecutor or the person to whom the trade is done
healing, or even without such a proposal be decided in a public meeting
the District Court in whose district the is a medical facility in which
protective treatment exercises; the Court shall act on a proposal from the medical
device or the Prosecutor and on the amendment of the constitutional protection treatment
on security detention. Institutional protective treatment may, under the conditions
laid down in the criminal code the Court change to security detention,
If, on the basis of a design or message medical facility
which describes the progress and results of the earlier treatment, carried out by the
protective treatment did not lead to fulfill its purpose for the behavior of the person to whom the
the protective treatment exercises, and this conversion requires effective protection
the company and the need for action on the person, to which the protective treatment
exercises, resources, security detention.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 352
The abandonment of the performance of the protective treatment
About the abandonment of the protective performance of healing before the start, decides
the Court ordered protective treatment, at a public hearing on the proposal for a
the Prosecutor or the person to whom it is carried out protective treatment, or
even without such a proposal. Against this decision is admissible a complaint,
which shall have suspensive effect.
section 353
Release from protective treatment and their
(1) as soon as the protective purpose has been reached, it shall submit a medical treatment
the device, which is a protective treatment carried out, the proposal to release
from the protection treatment of the District Court, in whose district the protective treatment
exercises; the proposal to terminate the protective treatment under § 99 paragraph 2. 6
of the Criminal Code shall report to the medical facility as soon as it discovers that his
the purpose cannot be achieved. If the protective treatment done to
two years from its commencement it was decided to release from the protection
healing, or its termination, shall report to the medical facility at least two
months before the expiry of a period of two years from the beginning of the performance of the protective
treatment design on its extension. In the design of release from the protection
healing, on his end or in the proposal for renewal of the protective treatment
medical devices will describe the progress and results of healing and protection
indicating the reasons for the proposed procedure, including a proposal on the possible imposition of
supervision over the behavior of the person to whom the trade is executed. About
It should be a medical facility.
(2) for the release of a protective treatment, its termination, including any
the imposition of surveillance or for an extension of the protective healing decides without
undue delay, on a proposal from the health care facility, public prosecutor
or persons which carries out protective treatment, or even without such
the proposal in the public meetings of the District Court in whose district the protective
Healing exercises.
(3) against the decision referred to in paragraph 2 is admissible a complaint to
suspensory effect.
§ 354
Enforcement of security detention and its performance
(1) as soon as the decision on which to execute the security
detention, became enforceable, President of the Chamber shall forward to the competent institution
for the performance of the security of the detention, in which the security of the detention
enforced regulation performance of security detention and at the same time require the person,
that was the security of the detention imposed, if the freedom to exercise
security detention. Where statement on save
security detention, that has not been stored next to the unconditional sentence
imprisonment, enforceable by decision of the Court of appeal shall order performance
the security of the detention of the accused person who is in custody, the President of the Senate
the Court of appeal upon the announcement of the decision. On the regulation of performance
security detention always notify the District Court in whose district the is
Institute for the performance of the security of the detention, in which the security
detention was exercised.
(2) if the person to whom the security was imposed detention, while
free dangerous for their surroundings, or if there is a concern that such a person,
that is on the loose, flees, or if there is another important reason,
order the President of the Chamber without delay its delivery to the Constitution for the exercise of
the security of the detention; otherwise, it can provide a reasonable period of time to
provision of its matter, which, however, must not be longer than one
month from the date determined by the decision referred to in paragraph 1.
If it is not known the whereabouts of that person, shall be used for the command to
delivery to the performance security detention apply the provisions of § 69 para.
3. If the place of residence is known, it can be used for its delivery to the performance
the security of the detention provisions of § 83 para. 2. the President of the command
the Senate always asks the police authority about the immediate submission of information about
whether the person in the performance of security detention delivered, where appropriate,
what circumstances its delivery.
(3) if it is a member of the armed forces or security corps in
active service, President of the Chamber shall request the relevant Commander or
the Manager, to arrange his transportation to the Institute for performance
security detention.
(4) the presiding judge shall ask the Department for the performance of the security of the detention, in order to
the Court announced that a security detention order when it was with the performance of
security detention started. At the same time ask the Institute for performance
security detention, to the District Court in whose district the
the security of the detention shall immediately report if handed
the reasons for the continuation of security detention.
(5) the regulation of the exercise of security detention President of Chamber connects to
the needs of the Institute for the performance of the security of the detention of an expert opinion, a copy of the
the Protocol on the questioning of an expert or a copy of the medical report on health
the status of the person to whom the security was imposed detention, if during the
criminal proceedings have been provided with, and request that the district was administered
the Court, in whose district a security detention carried out in it
the prescribed time limits, the report on the progress and outcome of the performance security
detention, focusing on the aspects referred to in § 100 para. 4 criminal
code.
§ 355
Change the performance of the security of the detention on the protective treatment
About changing the performance of security detention to sentencing protective treatment
public meetings of the District Court in whose area the Institute for performance
security detention, in which the security of the detention shall exercise;
against this decision is admissible a complaint which shall have suspensive effect.
section 356
The abandonment of the performance of security detention
(1) the abandonment of the performance security detention prior to the commencement of the
the Court will decide that security detention order, and it is in the public
the meeting on the proposal of the public prosecutor or the person that was
the security of the detention imposed, or, without such a proposal. Against the
This decision is admissible a complaint which shall have suspensive effect.
(2) the Court may dispense with the performance of security detention, if
a convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported.
(3) in the absence of the release of the convicted person to a foreign State to surrender
or for expulsion provided for in paragraph 2, or if he returns in the following cases
issued, passed or deportation, the Court decides that the security
detention.
section 356a
cancelled
§ 357
The duration of the security of the detention and release of security detention
(1) the District Court in whose district the is Department for the performance of the security
detention, in which the security of the detention carried out on the basis of
on-demand reporting tracks the performance of security detention and at least once
for twelve months, and in the case of a young person, at least every six
months of the start of the performance or security of the detention from the previous
the decision about its duration, shall examine whether the grounds for her next
continuation of the problem.
(2) the further duration of the detention or release of the security of
the security of the detention, decides on a proposal from the Institute for performance security
detention, the Prosecutor or the person which performs security
detention, or even without such a proposal, in public meetings of the district
the Court, in whose district a security detention. If the request was
persons, which performs security detention, refused, it can
This person, unless it has other reasons, repeated up to six
months from the decision.
(3) against the decision referred to in paragraph 2 is admissible a complaint to
suspensory effect.
§ 358
the title launched
To prevent performance degradation or prevents the replacement value shall be used
§ 349b.
THE EIGHTH SECTION
The performance of some other decisions
§ 359
The abandonment of the reasonable limitations of injunction proceedings
of motor vehicles
(1) at the request of the convicted person, the Court shall decide in a public meeting about the abandonment
from reasonable limitations of refraining from driving
the vehicles, which were imposed for the crime of neglect of mandatory nutrition (§
196 of the Criminal Code), if convicted to pay the due maintenance. Court
may refrain from a reasonable limitation in a private session where
justify compliance with the request of the convicted person, if the supporting documentation and evidence
in the file.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect.
§ 359a
Conditional waiver from the punishment with the supervision of the
Unless stipulated otherwise, the procedure for exercising supervision over
the prisoner, which has been conditionally waived punishment with supervision, and
the decision as to whether a convicted conditionally proved, or
It imposes a penalty, shall be used mutatis mutandis the provisions of § 330a. Imposing a sentence
a prisoner, which has been conditionally waived punishment with supervision,
the Court decides in the public meeting of the judgment.
§ 360
Performance bindings
Conditions governing the performance of the binding down special law.
§ 361
The recovery of fine
As soon as it becomes enforceable resolutions which were imposed riot
fine, ask the police, the Prosecutor or the President of the Chamber,
that the fine imposed, the person to whom she was ordered to pay a penalty to
fifteen days, and warns her that otherwise will pay the penalties.
Paid the fine seems State riot. To manage the payment of riot
the fine shall be treated in accordance with the tax code.
§ 362
Measures in relation to decision on conditional postponement of the submission of the
proposal for punishment, conditional cessation of criminal prosecution or
approval of the settlement
(1) where the accused was composed by a sum of the specified state, on the
financial assistance to victims of crime, and the Court and, in preliminary
proceedings the Prosecutor decides on conditional cessation of criminal
the prosecution or on the approval of the settlement, President of the Senate, and in the preparatory
proceedings, the Prosecutor shall ensure that compound financial amount was
returned to the accused person.
(2) if the accused undertakes to abstain during the trial period
conditional cessation of criminal prosecution of driving motor vehicles or
If conditionally terminated criminal proceedings for offences
grievous bodily harm by negligence (§ 147 of the Penal Code),
bodily injury by negligence (§ 148 of the Penal Code),
hit-and-run driver of means of transport (article 151 of the criminal
Code) or for the crime of endangering intoxicated (§
274 of the Penal Code), if committed in the context of
a motor vehicle, the President of the Senate and in preliminary proceedings the State
the representative shall send a copy of the decision on conditional cessation of criminal prosecution
the Municipal Office of municipalities with extended powers to the competent according to the place
of residence of the accused; If the accused does not have a permanent residence on the territory of the
The United States, will send a copy of this decision of the Municipal Council of the village with
extended powers established at the seat of the Court or the State
the Prosecutor's Office. The President of the Senate and in preliminary proceedings, the Prosecutor
send the municipal authority municipality with extended powers, referred to in the sentence
first a copy of the decision also indicated the clause the legal authority
It was decided that the accused leaves a conditional cessation of criminal
the prosecution in effect and the trial period is extended, and a copy of the decision with the
clause indicated the legal authority to decide whether the accused in
proven during the trial period, or advise on which day it is considered that the
has worked well.
(3) if the suspect for the purpose of conditional postponement of the submission of the proposal on
punishment shall lodge a sum specified by the State financial assistance
victims of crime or if he undertakes to abstain during
test driving of motor vehicles, the procedure shall be in accordance with
paragraphs 1 and 2.
THE HEAD OF THE TWENTY-SECOND
Deletion of conviction
§ 363
About the deletion of the conviction by the Court at the request of the convicted person or the
draft interest grouping referred to in § 3 (1). 1, and unless the case
provided for in § 69 para. 3. Act., also at the request of the people, which could in the
favour of the convicted person to appeal.
§ 364
(1) the President of the Senate is decided by the deletion of the conviction by the District Court, in
the condemned at the time of submission of the proposal has or last had
residence.
(2) the decision on the deletion of the conviction is admissible a complaint that
shall have suspensive effect.
section 364a
President of the Chamber of the District Court referred to in § 364 para. 1 also decides
about
and deletion of the conviction of a foreign court), the international criminal
the Court, the International Criminal Tribunal or a similar international
the judicial authority with competence in criminal matters, which is recorded in the
Register of criminal records on the basis of the recognition of a foreign decision
the Court or on the basis of the decision of the Supreme Court under the Special
law, or which, on the basis of the decision of the Supreme
the Court under special legislation seen as condemnation by the Court
The United States,
(b) deletion of the conviction recorded in) records of criminal records on
the basis of the agreement between the Government of the Czech Republic and the Government of the Slovak
States on the exchange of data from the information contained in the index funds
criminal penalties;
effects abroad can have such a decision only if provided for by
the international treaty.
§ 365
(1) once the decision on deletion of convictions has power,
President of the Senate shall inform the convicted person, of the applicant and the authority
criminal record; zahlazené condemnation must not be reported in the statement of
criminal records.
(2) if the request for deletion of the conviction, it may be rejected
made until after the expiry of one year, unless he was dismissed only
because the statutory period has not yet expired for expungement. The request of the
yet to be filed, the Court shall reject without investigation.
PART FOUR
Certain acts associated with criminal proceedings
THE HEAD OF THE TWENTY-THIRD
A pardon and the use of Amnesty
§ 366
Granting of grace
(1) the President of the Republic on the basis of the law of the Constitution grants him
Grace.
(2) the President of the Republic shall determine the cases in which the Minister may
justice proceedings on the application for mercy to be performed and unreasonable request
reject.
(3) if in proceedings for the grant of grace, President of the Republic,
criminal proceedings has not yet started or initiated criminal proceedings
does not continue and the accused shall be released from custody or imprisonment
postponed or interrupted.
§ 367
The procedure for granting of grace
In the cases referred to in section 366 para. 2 held management and unreasonable request
rejected the Minister of Justice. It may also order the
and prosecution) not be initiated, in a criminal prosecution is instituted
not continue and the accused was released from custody, or
(b)) the sentence has been delayed or interrupted, and up to the time when the
the request for clemency pending.
§ 368
The decision to use Amnesty
The decision as to whether and to what extent the person has been lawfully
liable to a penalty, the Court shall not have an amnesty, which decided in the first
the degree. Serving to such person at the time of deciding custodial
freedom, shall take a decision, the Court in whose district the punishment. Against the
This decision is admissible a complaint which shall have suspensive effect.
§ 369
The conditional grant of grace
If the rest of the sentence or grant a grace pardoned just below the
conditions laid down, the conditions and the rehabilitation of the convicted person
monitors the Court, that in the case at first instance. The provisions of §
329 on cooperation with citizens ' associations here of interest to be used appropriately.
§ 370
To change the amount of the penalty
(1) if the Amnesty Was wholly or partially pardoned the punishment only under one of the
the offences for which it was stored, and the aggregate or summary punishment
has not yet been completely executed, by a court according to the mutual proportions
the severity of the punishment for crimes Amnesty intact. Against the
This decision is admissible a complaint which shall have suspensive effect.
(2) the decision referred to in paragraph 1 shall be in the public meetings of the Court, that
the penalty imposed in the first instance.
section 370a
cancelled
THE HEAD OF THE TWENTY-FOURTH
cancelled
§ 371
cancelled
section 372
cancelled
§ 373
cancelled
§ 374
cancelled
THE HEAD OF THE TWENTY-FIFTH
cancelled
The first section
cancelled
§ 375
cancelled
the title launched
§ 376
cancelled
§ 377
cancelled
§ 378
cancelled
§ 378a
cancelled
the title launched
§ 378b
cancelled
§ 378c
cancelled
§ 378d
cancelled
§ 378e
cancelled
§ 378f
cancelled
the title launched
section 379
cancelled
§ 380
cancelled
§ 381
cancelled
section 382
cancelled
section 382a
cancelled
Section two
cancelled
the title launched
§ 383
cancelled
the title launched
section 383a
cancelled
section 383b
cancelled
§ 383c
cancelled
the title launched
section 384
cancelled
the title launched
section 384a
cancelled
§ 384b
cancelled
§ 384c
cancelled
§ 384d
cancelled
§ 384e
cancelled
§ 384f
cancelled
the title launched
§ 384g
cancelled
the title launched
section 385
cancelled
§ 386
cancelled
§ 387
cancelled
§ 388
cancelled
section 389
cancelled
section 389a
cancelled
§ 390
cancelled
the title launched
§ 391
cancelled
§ 391a
cancelled
§ 391b
cancelled
Section 392
cancelled
§ 393
cancelled
§ 394
cancelled
section 395
cancelled
§ 396
cancelled
§ 397
cancelled
§ 398
cancelled
§ 399
cancelled
section 400
cancelled
§ 400a
cancelled
§ 400b
cancelled
§ 401
cancelled
§ 402
cancelled
The third section
cancelled
section 403
cancelled
Section 404
cancelled
section 404a
cancelled
the title launched
section 405
cancelled
section 406
cancelled
section 407
cancelled
the title launched
§ 408
cancelled
§ 408a
cancelled
section 409
cancelled
section 410
cancelled
section 411
cancelled
§ 412
cancelled
§ 413
cancelled
section 413a
cancelled
section 414
cancelled
§ 415
cancelled
Section 416
cancelled
§ 417
cancelled
§ 418
cancelled
Section 419
cancelled
Section 420
cancelled
§ 421
cancelled
the title launched
Section 422
cancelled
Section four
cancelled
§ 423
cancelled
section 424
cancelled
The fifth section
cancelled
section 425
cancelled
the title launched
§ 426
cancelled
§ 426a
cancelled
section 427
cancelled
§ 427a
cancelled
§ 428
cancelled
section 428a
cancelled
§ 429
cancelled
§ 429a
cancelled
the title launched
Section 430
§ 431
cancelled
section 432
cancelled
§ 433
cancelled
§ 434
cancelled
the title launched
Section 435
cancelled
§ 436
cancelled
§ 437
cancelled
§ 437a
cancelled
the title launched
§ 438
cancelled
§ 439
cancelled
§ 440
cancelled
§ 441
cancelled
section 441a
cancelled
the title launched
§ 442
cancelled
§ 443
cancelled
§ 444
cancelled
section 445
cancelled
section 446
cancelled
The sixth section
cancelled
§ 447
cancelled
§ 448
cancelled
The seventh section
cancelled
the title launched
§ 449
cancelled
section 450
cancelled
§ 451
cancelled
section 452
cancelled
§ 453
cancelled
section 454
cancelled
§ 455
cancelled
section 455a
cancelled
section 456
cancelled
title vypuštěh
Section 457
cancelled
the title launched
§ 458
cancelled
§ 459
cancelled
§ 460
cancelled
The eighth section
cancelled
§ 460a
cancelled
the title launched
§ 460b
cancelled
§ 460 c
cancelled
§ 460d
cancelled
the title launched
§ 460e
cancelled
§ 460f
cancelled
§ 460g
cancelled
§ 460h
cancelled
the title launched
§ 460i
cancelled
§ 460j
cancelled
§ 460 k
cancelled
§ 460 l
cancelled
the title launched
§ 460 m
cancelled
§ 460n
cancelled
The ninth section
cancelled
§ 460o
cancelled
the title launched
§ 460 p
cancelled
§ 460q
cancelled
§ 460r
cancelled
§ 460s
cancelled
§ 460t
cancelled
§ 460u
cancelled
§ 460v
cancelled
the title launched
§ 460w
cancelled
§ 460x
cancelled
section 460y
cancelled
The tenth section
cancelled
§ 460z
cancelled
the title launched
§ 460za
cancelled
§ 460zb
cancelled
§ 460zc
cancelled
§ 460zd
cancelled
§ 460ze
cancelled
§ 460zf
cancelled
§ 460zg
cancelled
§ 460zh
cancelled
§ 460zi
cancelled
§ 460zj
cancelled
§ 460zk
cancelled
§ 460zl
cancelled
§ 460zm
cancelled
the title launched
§ 460zn
cancelled
§ 460zo
cancelled
§ 460zp
cancelled
PART FIVE
Transitional and final provisions
§ 461
From the 1. July 1990 to the provisions concerning criminal procedure in force before this
the date used in the limits of the provisions of this section.
§ 462
(1) The proceedings for the tort in cases in which the Court was served with the
the punishment before the 1. in July 1990, the provisions applicable shall be used before the
on this day.
(2) The execution of a sentence imposed before the corrective action 1. July
1990 the provisions in force before that date.
(3) the criminal orders issued before 1 January 2005. July 1990 are governed by existing
regulations.
§ 463
(1) The procedure for the renewal of the criminal proceedings which have been finally completed
prior to the commencement of this Act, the provisions of this
the law. Conditions for the authorisation of recovery is, however, in this case shall be considered
According to the law that is more favourable to the accused.
(2) if the decision against which the application is directed, issued in
the first instance court, no longer extant, decides on the design for the reconstruction of the
the Court, which would be under this Act materially and locally competent;
If the decider in the first instance, the former Minister of State, the Court shall decide on the
proposal for the renewal of the regional (higher military) Court, which would be according to the
This Act, in the matter of the locally competent. ^ *)
--------------------
*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed
the military courts.
section 464
(1) the regional court is competent to take place in the first instance, of deeds
offences under the legislation effective, which, by their nature and
correspond to the gravity of the offences referred to in section 17.
(2) the decisions and measures concerning the execution of judgments announced
The Supreme Court as the Court of first instance shall be the regional court in Prague and
in the field of the military justice system the higher military court, which will determine the
the Minister of Justice. ^ *)
--------------------
*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed
the military courts.
§ 465
(1) decision that the penalty be performed for an offence which, in the
as a result of amendments to the criminal law is no longer a criminal offence, the Court shall,
the case decided in the first instance.
(2) the decision on the fact that a relatively reduced aggregate or summary punishment
stored under the act as a result of amendments to the criminal law is no longer
a criminal offence, and other converging offense, take in the public
the meeting of the Court, in a case decided in the first instance.
(3) if the death penalty Was saved before the 1. July 1990 changed in punishment
deprivation of liberty, shall decide on the manner of its performance in the public meetings of the
the Court in the case decided in the first instance.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
shall have suspensive effect.
§ 466
The Prosecutor's Office is examining initiatives to lodge a complaint for
violations of the law are addressed to him, or that he will advance
the Minister of Justice. To investigate is the competent public prosecutors ' offices
the immediate parent of the public prosecutor's Office, which was in the original
proceedings involved in the final stage. After examination of the State
the Prosecutor's Office shall submit to the Minister of Justice is of the opinion in which
propose either to defer the complaint or file a complaint for violation of the law.
§ 467
Act No. 64/1956 Coll., on criminal court proceedings (code of criminal procedure),
repealed.
section 468
The Minister of Justice may establish that simple tasks entrusted to the
under this law, the presiding judge may exercise another worker
the Court.
section 468a
Simple decisions and operations entrusted to the public prosecutor may, in the range of
and under the conditions laid down by special law ^ 9) issue, implement and
do in relation to the relevant administrative measures, higher
an official of the public prosecutor's Office. Under the conditions laid down by law may
do individual jobs Assistant Prosecutor.
§ 469
The Ministry of Justice shall be empowered to issue a decree published by the rules
regulations for the district and county courts.
section 470
cancelled
§ 471
This Act shall take effect on 1 January 2000. January 1962.
Novotný in r.
Fierlinger in r.
Wide in r.
Selected provisions of the novel
Article II of Act No. 265/2001 Coll.
Final and transitional provisions to the first
1. jurisdiction to control in cases in which the indictment was filed before
the effectiveness of this law, shall be assessed according to current regulations; It
does not apply to other proceedings in a case, if the Court considers it efficiency
This Act finally returned to the Prosecutor for investigation.
2. Criminal proceedings initiated before the effective date of this Act has the same
effects such as criminal proceedings initiated under this Act.
3. the clerk of the Court of Protokolujícím is an employee with at least one year
practice and protokolaci, which was composed by professional examination provided for in
protokolujícího the official designated by the Ministry of Justice. From the 1.
January 2004 may in the main version and the public session to perform
protokolaci a superior court clerk or clerk with logging
the use of the phonogram.
4. in cases where the binding began prior to the effective date of this Act,
start to run the periods within which you must decide to further detention,
up from the effective date of this Act; This is without prejudice to the provisions on the
the permitted duration of the binding.
5. From carrying out acts of criminal proceedings is excluded by the judge, if the
in the present case, active as an investigator.
6. the complaint for violation of the law, the Minister of Justice may submit for
conditions laid down by the code of criminal procedure and the final decision
investigators made prior to the effective date of this Act.
7. The Ministry of Justice shall issue a decree of fees for professional
observations submitted at the request of law enforcement authorities.
8. the power to investigate offences of members of the police of the Czech
the Republic and the members of the security information service (article 161, paragraph 3, and
4, § 179a para. 3) in cases where the prosecution was initiated prior to the
the effective date of this Act, shall be governed by the existing legislation.
Article. (II) Act No. 283/2004 Coll.
Transitional provision
The period of six months referred to in § 81 para. 2 of the code of criminal procedure, as amended by
This Act begins to run from the first day of the calendar month
following the date of entry into force of this Act.
Article. (II) Act No. 539/2004 Coll.
Transitional provisions relating to part one
1. the procedure for extradition to a foreign country, initiated before the date of entry into force of
This law shall be completed in accordance with section of the second title, in the twenty-fifth
the text of this law.
2. The provisions of section twenty-fifth third head shall not apply to the transmission of the
a citizen of the United States from the United Kingdom to other Member States
The European Union, if he committed an offence before the effective date of
of this Act. In such cases, it shall proceed according to the provisions of § 391
up to 402, as amended by this Act.
3. the provisions of sections 403 to 422 shall not apply to the handover from the French
the Republic for offences committed before 1. in November 1993, and for
the handover of the Italian Republic and the Republic of Austria for the offences
committed before 7. in August 2002. In these cases, follow the
the provisions of § 383 to 390.
Article II of Act No. 253/2006 Coll.
Transitional provision
Proceedings in the Czech Republic for freezing property or evidence
in another Member State of the European Union, or to proceedings for recognition of the command to
freezing property or evidence in the territory of the Czech Republic,
that issued by a judicial authority of another Member State of the European Union,
started and unfinished before the effective date of this Act,
completes the eighth head pursuant to section twenty-fifth.
Article. (III) Act No. 170/2007 Sb.
Transitional provision
Until it will be possible through the Schengen information
the system to forward all data corresponding to the requirements of the European
the arrest warrant referred to in § 405 of the criminal code, has an alert issued
at the request of the issuing judicial authority of the Member State in
The Schengen information system for the purpose of arrest and surrender of the person
the same effects as the European arrest warrant. The record has the following effects
only until the receipt of the written original of the European arrest
warrant the State in which the person is to be surrendered.
section 62 of the Act No. 129/2008 Sb.
Transitional provision to the third
Performance not yet nevykonaného protective treatment that was saved before the
entry into force of this law shall be completed in accordance with the existing laws,
regulations.
Article. (II) Act No. 457/2008 Sb.
Transitional provisions
1. the procedure for extradition to a foreign country, initiated before the effective date of this
Act shall be completed pursuant to Act No. 141/1961 Coll., on criminal court proceedings
the Court (code of criminal procedure), in the version in force until the date of entry into force of this
the law; on the postponement of the issue, the temporary handing over, preliminary and extradition
the link is also in these proceedings, the provisions of Act No. 141/1961 Coll.,
the criminal procedure (code of criminal procedure), in the version in force from the date of
entry into force of this Act.
2. If the person whose release goes, on the date of entry into force of
This law, in extradition custody and the Minister of Justice has not yet
He chose not to permit the release of that person to a foreign State under section 399
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the version in force until the date of entry into force of this Act, extradition is binding
on the date of entry into force of this Act, is converted into a binding preliminary.
3. If the person whose release goes, on the date of entry into force of
This law, in extradition detention and the Minister of Justice has already ruled on the
authorization to release this person to a foreign State under section 399 of the Act No.
141/1961 Coll., on criminal court proceedings (code of criminal procedure), in the version in force
to the effective date of this Act, the time limit for the duration of the expended links
According to § 400b para. 4 Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), in the version in force from the date of entry into force of this Act,
shall run from the date of entry into force of this Act.
4. If before the date of entry into force of this Act, the decision to
postponing the release of a person to a foreign State, such a decision shall cease to have their
legal effects on the date of entry into force of this Act.
5. the procedure for transfer to another Member State of the European Union on the basis of
the European arrest warrant initiated before the effective date of
This Act shall be completed pursuant to Act No. 141/1961 Coll. on criminal
judicial proceedings (code of criminal procedure), in the version in force until the date of entry into force of
of this Act.
Article. (II) Act No. 459/2011 Sb.
Transitional provisions
1. Substantive jurisdiction for proceedings concerning an offence of homicide or criminal
murder born child mother initiated prior to the date of acquisition
the effectiveness of this law shall be assessed pursuant to Act No. 141/1961 Coll., as
the version in force until the date of entry into force of this Act.
2. the limits within which it is necessary to decide on the further duration of detention in
which you can submit a request for release from custody, if the previous request
rejected, which started to flow before the date of entry into force of this
the law will be included in the length of the periods in which it is necessary to decide on the
the next custody or where you can lodge an application for release from custody
pursuant to Act No. 141/1961 Coll., in the version in force from the date of entry into force of
of this Act; This is without prejudice to the provisions on the maximum permitted time
the duration of the custody.
3. the procedure for the recognition of a decision of another European Union Member State on the
pecuniary sanctions and transactions initiated before the date of entry into force of
This Act shall be completed pursuant to Act No. 141/1961 Coll., in the version in force
to the effective date of this Act.
1) § 58 para. 5 of law No 412/2005 Coll., on the protection of classified information
and about security.
1A) Act No. 412/2005 Sb.
1B) Act No. 300/2008 Coll., on electronic acts and authorized
convert documents.
2) Decree the Ministry of Justice of the Czech Republic No. 270/1990 Coll.
remuneration of lawyers and commercial lawyers in providing legal assistance,
in the wording of later regulations.
3) Act No. 235/2004 Coll., on value added tax.
3A) section 11 (1) 1 and section 15 of Act No. 85/1996 Coll., on the legal profession, as amended by
amended.
4) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
Police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations.
5) section 15a of the Act No. 326/1999 SB. on residence of aliens in the territory of the United
Republic and amending certain laws, as amended by Act No. 218/2002 Coll.
Act No. 159/2006 Coll. and Act No. 428/2005 Sb.
9) Act No. 121/2008 Coll., on higher court officials and higher
officials of the public prosecutor and amending related laws.
10) Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(the law on travel documents), as amended.